Chester Traction Co. v. Philadelphia, Wilmington & Baltimore Railroad
Supreme Court of Pennsylvania
Appeal, No. 588, Jan. T., 1896, by-defendant, from decree of C. P. Delaware Co., March T., 1896, No. 5, on bill in equity. Bill in equity to regulate the crossing of a railroad by a street railway.
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Appeal, No. 588, Jan. T., 1896, by-defendant, from decree of C. P. Delaware Co., March T., 1896, No. 5, on bill in equity. Bill in equity to regulate the crossing of a railroad by a street railway. From the record it appeared that the testimony in the case was taken by depositions, in compliance with the following rule of court, adopted on May 4, 1896, by the court of common pleas of Delaware county: “Whereas, by the amended equity rules the testimony in equity cases shall be taken in the same manner as is now practiced in courts of law; “And whereas, by reason of the increase of the business…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This is a proceeding to obtain a decree allowing the plaintiff companies to cross the defendant’s railway at grade in the city of Chester, and is one of considerable consequence both to the *434parties and to the general public! It is a matter of sincere regret to the members of this court that it cannot be finally disposed of at this time. We are however unanimous in the opinion that we cannot recognize the decree made in the court below as having any validity whatever. It was entered as the result of a course of procedure which since the adoption of the equity…
2Cited by7 opinions
- Yetter v. Delaware Valley RailroadSupreme Court of Pennsylvania · 1903
- Hinnershitz v. United Traction Co.Supreme Court of Pennsylvania · 1903
- Lincoln v. AfricaSupreme Court of Pennsylvania · 1910
- Equipment Corp. of America v. Primos Vanadium Co.Supreme Court of Pennsylvania · 1926
- Correll, Receiver's AccountSupreme Court of Pennsylvania · 1925
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