Mory v. Oley Valley Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 71, Jan. T., 1901, by plaintiff, from decree of C. P. Berks Co., Equity Docket, 1900, No. 784, refusing a preliminary injunction in the case of Charles A. Mory v. Oley Valley Railway Company and Borough of Boyertown. Bill in equity for an injunction. Motion for preliminary injunction.
Read the full summary
Appeal, No. 71, Jan. T., 1901, by plaintiff, from decree of C. P. Berks Co., Equity Docket, 1900, No. 784, refusing a preliminary injunction in the case of Charles A. Mory v. Oley Valley Railway Company and Borough of Boyertown. Bill in equity for an injunction. Motion for preliminary injunction. The bill averred that the plaintiff owned property on Reading avenue in the borough of Boyertown, and that the defendant was a corporation organized under the general railroad act of 1868, for the purpose of building a railroad from Reading to Boyer-town. It was averred in the bill and not denied in…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
That the Oley Yalley Railway Company, incorporated under the general railroad act of April 4,1868, proposes to construct a street passenger railway on the streets of the borough of Boyer-town, is so manifest that it is hardly conceivable how, in good faith, it can insist that its purpose is different. With the bill, answer and the borough ordinance of December 17, 1900, formally accepted by the appellee, before us, the only possible conclusion is, that it has undertaken to exercise a right expressly withheld from it by the statute creating it. Its effort is not…
2Cases cited1 opinion
- Gaw v. Bristol & Bridgewater RailroadSupreme Court of Pennsylvania · 1900
3Cited by6 opinions
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Windsor Glass Co. v. Carnegie Co.Supreme Court of Pennsylvania · 1903
- Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
- Blauch v. Johnstown Water Co.Supreme Court of Pennsylvania · 1915
- Myersdale & Salisbury Street Railway Co. v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
1 more not listed; retrieve them via the Exa API.