Heilman v. Lebanon & Annville Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 182, Jan. T., 1896, by plaintiff, from decree of C. P. Lebanon Co., No. 7, Equity Docket of 1891, on bill in equity. Bill in equity for damages and for injunction. This case, with Henry S. Heiknan et al. against the same defendant, No. 9 Equity Docket of 1891, infra, 200, was referred to Chas.
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Appeal, No. 182, Jan. T., 1896, by plaintiff, from decree of C. P. Lebanon Co., No. 7, Equity Docket of 1891, on bill in equity. Bill in equity for damages and for injunction. This case, with Henry S. Heiknan et al. against the same defendant, No. 9 Equity Docket of 1891, infra, 200, was referred to Chas. M. Zerbe, Esq., as master and examiner, who took the testimony and made report, recommending that in both cases the defendant be enjoined and restrained from entering upon the lands of the plaintiffs, lying in the roadway of said turnpike company; that it be enjoined and restrained from…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The defendant company built its line of street railway, so far as it passed through the township of North Cornwall, without a particle of authority therefor. It not only disregarded the law, but it disregarded the rights of landowners along its line, and by locating its tracks outside the wagon track and grading up its foundation, interfered with access by the plaintiff and others to their buildings and fields from the wagon track. The plaintiff if he had promptly sought to enjoin the building of the road would have been entitled to a decree. His legal rights…
2Cited by11 opinions
- Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
- Elliott Nursery Co. v. Duquesne Light Co.Supreme Court of Pennsylvania · 1924
- Mackintyre v. JonesSuperior Court of Pennsylvania · 1899
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1897
- Maust v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
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