Coatesville & Downingtown Street Railway Co. v. Uwchlan Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 253, Oct. T., 1901, by-plaintiff, from decree of O. P. Chester Co., Equity Docket 383, 1901, on bill in equity in case of Coatesville & Downingtown Street Railway Company v. Uwchlan Street Railway Company. Bill in equity for an injunction. Motion to continue preliminary injunction. The court below filed the following opinion: The question presented upon hearing of above case is whether the preliminary injunction heretofore granted should be continued.
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Appeal, No. 253, Oct. T., 1901, by-plaintiff, from decree of O. P. Chester Co., Equity Docket 383, 1901, on bill in equity in case of Coatesville & Downingtown Street Railway Company v. Uwchlan Street Railway Company. Bill in equity for an injunction. Motion to continue preliminary injunction. The court below filed the following opinion: The question presented upon hearing of above case is whether the preliminary injunction heretofore granted should be continued. Both corporations have procured charters from the state, and the defendant company has the consent of the borough of Downingtown.…
1Opinion of the Court
Opinion by
Rice, P. J.,
This case does not differ in any of its controlling facts from the case of Larimer, etc., St. Ry. Co. v. Larimer St. Railway Co., 137 Pa. 532. There as here, the older corporation sought to restrain the younger corporation from building a street railway upon a street covered by the charter of the former. In that case both corporations applied for municipal consent which was granted to the younger and refused to the older. In this case both applications for municipal consent came up at the same time, and while it does not appear that the application of the older…
2Cases cited3 opinions
- Sparhawk v. Union Passenger Railway Co.Supreme Court of Pennsylvania · 1867
- Homestead St. Ry. v. Pittsburg & Homestead Electric St. Ry.Supreme Court of Pennsylvania · 1895
- Richards v. Buffalo etc. R.Supreme Court of Pennsylvania · 1890
3Cited by1 opinion
- Coatesville & Downingtown Street Railway Co. v. West Chester Railway Co.Supreme Court of Pennsylvania · 1903