Kaufman v. Pittsburg & Castle Shannon Railroad
Supreme Court of Pennsylvania
Appeal, No. 40, Oct. T., 1907, by plaintiff, from decree of O. P. No. 1, Allegheny Co., Sept. T., 1905, No. 839, dismissing bill in equity in case of Sibilla Kaufman v. Pittsburg & Castle Shannon Railroad Company, Pitts-burg Railways Company et al. Bill in equity for an injunction.
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Appeal, No. 40, Oct. T., 1907, by plaintiff, from decree of O. P. No. 1, Allegheny Co., Sept. T., 1905, No. 839, dismissing bill in equity in case of Sibilla Kaufman v. Pittsburg & Castle Shannon Railroad Company, Pitts-burg Railways Company et al. Bill in equity for an injunction. Maoearlane, J., found the facts to be as follows: 1. The Pittsburg & Castle Shannon Railroad Company, hereinafter called the railroad company, is a corporation organized under the general railroad Act of April 4, 1868, P. L. 62, and having by the special Act of February 21,1872, P. L. 142, the right to own real…
1Opinion of the Court
Opinion by.
Mr. Justice Elkin,
The answer to the third proposition contained in appellant’s statement of the question involved will control all the material questions raised by this appeal. Does the charter of the defendant railway company authorize it to take the lease, the execution of which is sought to be enjoined by appellant, and if so, will the lease be held valid for that reason, even though the charter of the railroad company did not in express terms confer the power to enter into such a contract ?
The defendant railroad company is a corporation organized under the general railroad Act…
2Cases cited8 opinions
- Pinkerton v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1899
- Philadelphia & Erie Railroad v. Catawissa RailroadSupreme Court of Pennsylvania · 1866
- Carothers v. Philadelphia Co.Supreme Court of Pennsylvania · 1888
- In re the Prospect Park & Coney Island RailroadNew York Court of Appeals · 1876
- New York & New England Railroad v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1884
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