Pennsylvania Railroad v. Greensburg, Jeannette & Pittsburg Street Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 17 and 18, Oct. T., 1896, by plaintiff, from decree of C. P. Westmoreland County, Nos. 288 and 296 in equity. Bill in equity for an injunction.
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Appeals, Nos. 17 and 18, Oct. T., 1896, by plaintiff, from decree of C. P. Westmoreland County, Nos. 288 and 296 in equity. Bill in equity for an injunction. The facts appear by the opinion of tbe court below, McConnell, J., which was as follows : The affidavits filed on the granting of the preliminary injunction in this case set forth, inter alia, as follows: “ That in the borough of Jeannette two branch tracks of the said Pennsylvania Railroad Company are constructed from a point west of the Seventh street overhead bridge in said borough in a southerly direction to various manufacturing…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
These cases depending upon substantially the same facts and the same principles of law and having been argued together, may be treated practically as one case for the purposes of this opinion.
The Pennsylvania Railroad Company, complainant and appellant, has failed to make out title to the bridge in question over its right of way. Though constructed and paid for by it the contract with the borough of Greensburg shows that it was so constructed as a part of the public highway, Pennsylvania avenue, and to be maintained as such by the borough. The only open point in…
2Cases cited7 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Western Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1883
- Homestead St. Ry. v. Pittsburg & Homestead Electric St. Ry.Supreme Court of Pennsylvania · 1895
- Rahn Township v. Tamaqua & Lansford Street RailwaySupreme Court of Pennsylvania · 1895
- Germantown Passenger Ry. Co. v. Citizens Passenger Ry. Co.Supreme Court of Pennsylvania · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Pittsburgh & Lake Erie R. R. v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1926
- Myersdale & Salisbury Street Railway Co. v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
- North Penna. R. R. v. Inland Traction Co.Supreme Court of Pennsylvania · 1903
- Blankenburg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
14 more not listed; retrieve them via the Exa API.