Legal Opinion

Phillips v. Pittsburgh, Virginia & Charleston Railway Co.

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 174PublishedCited by 1 opinion

Appeal, No. 174, by plaintiffs, and No. 189, by defendant, Oct. T., 1898, from decree of C. P. No. 3, Allegheny Co., Feb. T., 1894, No. 726, on bill in equity and cross-bill. Bill in equity and cross-bill for injunctions.

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Appeal, No. 174, by plaintiffs, and No. 189, by defendant, Oct. T., 1898, from decree of C. P. No. 3, Allegheny Co., Feb. T., 1894, No. 726, on bill in equity and cross-bill. Bill in equity and cross-bill for injunctions. McClung, J., found the facts to be as follows: On January 30,1894, the plaintiffs filed their bill to restrain the defendant company from interfering with the construction and maintenance by plaintiffs of a railway on a twenty foot strip of land at Twenty-first street, Pittsburg, and especially from interfering with such construction at the crossing at Josephine street.…

1Opinion of the Court

Opinion by

Mb. Justice Williams,

These are cross appeals. The question raised by the bill is over the power of the plaintiffs therein to occupy concurrently with the defendant a strip of land twenty feet wide in the center of Twenty-first street in the city of Pittsburg on the west side of the Monongahela river. That raised by the cross-bill is over the right of the plaintiffs therein to the exclusive use of this same strip of land by virtue of a lease from Phillips and Burgwin to the Pittsburgh, Virginia and Charleston Railway Company executed on January 1,1886, for a term of thirty years,…

2Cited by1 opinion

  1. Globe Realty Co. v. VixLouisiana Court of Appeal · 1906

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