Bailey v. Pittsb. Coal R.
Supreme Court of Pennsylvania
APPEAL BY ¥M. VANKIRK ET AL. EROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 159 October Term 1890, Sup. Ct.; court below, No. 488 September Term 1886, C. P. No. 1, in Equity. On September 1, 1886, W. F. Bailey filed a bill in equity against the Pittsburgh Coal Railroad Company, J. F. Dravo, R. B. Brown, Wm. Vankirk, C. Trautman, J. G. Robinson, Geo.
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APPEAL BY ¥M. VANKIRK ET AL. EROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 159 October Term 1890, Sup. Ct.; court below, No. 488 September Term 1886, C. P. No. 1, in Equity. On September 1, 1886, W. F. Bailey filed a bill in equity against the Pittsburgh Coal Railroad Company, J. F. Dravo, R. B. Brown, Wm. Vankirk, C. Trautman, J. G. Robinson, Geo. Trautman and W. H. Aldred, averring : That defendant company was incorporated under the railroad act of April 4, 1868, P. L. 62, with a capital of $300,000, in shares of $50 each. That the individual defendants were subscribers to…
1Opinion of the Court
Pee Ctteiam :
This appeal is entitled as though it had been taken by the Pittsburgh Coal Railroad Company. Such is not the fact, however. The appeal was entered by William Vankirk, R. B. Brown, John F. Dravo, and W. H. Aldred, four of the defendants below.
Lane’s App., 105 Pa. 49, and Bell’s App., 115 Pa. 88, are authority that such a bill can be maintained. The record is voluminous, and consists principally of questions of fact. We must assume that the learned master has decided these correctly, inasmuch as he is sustained by the court below, and no clear error has been pointed out. The…
2Cases cited2 opinions
- Bunn's AppealSupreme Court of Pennsylvania · 1884
- Bell's AppealSupreme Court of Pennsylvania · 1887
3Cited by4 opinions
- Franklin National Bank v. Kennerly Coal & Coke Co.Supreme Court of Pennsylvania · 1930
- Jackson v. MyersSupreme Court of Pennsylvania · 1918
- Beckman v. BuckwalterSupreme Court of Pennsylvania · 1941
- Fonder v. RosensteinSuperior Court of Pennsylvania · 1913