Kane & Elk Railroad v. Pittsburgh & Western R. R.
Supreme Court of Pennsylvania
Appeal, No. 329, Jan. T., 1912, by defendant, from decree of C. P. McKean Co., Feb. T., 1912, No. 3, in Equity, awarding injunction in case of The Kane and Elk Railroad Company v. The Pittsburgh & Western Railroad Company. Bill in equity for an injunction. Before Bouton, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 329, Jan. T., 1912, by defendant, from decree of C. P. McKean Co., Feb. T., 1912, No. 3, in Equity, awarding injunction in case of The Kane and Elk Railroad Company v. The Pittsburgh & Western Railroad Company. Bill in equity for an injunction. Before Bouton, P. J. The facts are stated in the opinion of the Supreme Court. The court on the original bill awarded an injunction restraining the construction of a grade crossing, and on the supplemental bill awarded an injunction restraining the defendant from proceeding further in an action which it had instituted in another county.…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff is a Pennsylvania corporation authorized to construct, maintain and conduct a standard gauge railroad from a point in McKean County to another in Elk County; it has been operating its road for more than fourteen years, hauling freight and transporting passengers; prior to May, 1911, it had a duly located branch in Elk County in close proximity to the American Plate Glass Works. The defendant company owns through merger The Foxburg, Kane & Bradford Railroad, which possessed a charter right to build through the County of Elk in the general…
2Cases cited16 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1874
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3Cited by15 opinions
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- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
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