Becker v. Lebanon & Myerstown Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 21, Jan. T., 1898,’ by plaintiff, from decree of C. P. Lebanon Countjq No. 7, Equity Docket, 1898, on bill in equity. Bill in equity for an injunction.
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Appeal, No. 21, Jan. T., 1898,’ by plaintiff, from decree of C. P. Lebanon Countjq No. 7, Equity Docket, 1898, on bill in equity. Bill in equity for an injunction. McPherson, J., of the 12th judicial district, specially presiding, found the facts to be as follows: 1. Since April, 1881, the plaintiff has been, and is now, the owner in fee of a tract of land in South Lebanon township, lying along the south, side of the Berks and Dauphin turnpike, a toll road that has been in existence for many years. The land fronts upon the turnpike about 650 feet, and contains eighteen acres. Upon this tract…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge below found that the defendant railway company had constructed its track on the turnpike in'’front of *494plaintiff’s land, without legal authority, though not in intentional violation of law. This is now conceded by defendant itself, and is the basis of plaintiff’s bill.
Appellant plants himself firmly on his legal right, and if he were in a court of law his position would be incontestable. But he has come into a.court of equity asking its aid by injunction which is of grace and not of right. The court below refused relief in this form, upon the…
2Cases cited4 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1896
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1897
- Becker v. Lebanon & Myerstown Street Railway Co.Superior Court of Pennsylvania · 1897
3Cited by45 opinions
- In Re ElliottWashington Supreme Court · 1968
- Tyler v. KingSupreme Court of Pennsylvania · 1985
- OSAGE NATION v. BD. OF COMMISSIONERS OF OSAGE COUNTY and OSAGE NATION v. OSAGE COUNTY BD. OF ADJUSTMENTSupreme Court of Oklahoma · 2017
- State v. TerrySupreme Court of Florida · 1976
- Caruthers v. Peoples Natural Gas Co.Superior Court of Pennsylvania · 1944
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