Pennsylvania Railroad v. Borough
Supreme Court of Pennsylvania
Appeal, No. 157, Oct. T., 1903, by plaintiff, from decree of C. P. No. 3 Cambria Co., Sept. T., 1903, refusing a preliminary injunction in case of Pennsylvania Railroad Company v. Lilly Borough. Bill in equity for an injunction.
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Appeal, No. 157, Oct. T., 1903, by plaintiff, from decree of C. P. No. 3 Cambria Co., Sept. T., 1903, refusing a preliminary injunction in case of Pennsylvania Railroad Company v. Lilly Borough. Bill in equity for an injunction. O’Connor, J., found the facts to be as follows: 1. That the Pennsylvania Railroad Company, complainant, acquired from the commonwealth of Pennsylvania, by deed poll dated the 31st day of July, 1857, all of the rights which the commonwealth of Pennsylvania authorized to be granted to a railroad corporation in the New Portage Railroad, etc., by virtue of an act of…
1Opinion of the Court
Pee Cubiam,
The learned judge below found as a fact that “ the poles in controversy and which form the subject of contention were being erected upon the line of the New Portage Road which is owned by the complainant company.” He further found among his conclusions of law, “First. That the Pennsylvania Railroad Company has a full and complete right to *182construct a line of railroad, over and upon the land known as the New Portage Railroad, with all of the incidents necessary for the operation and maintenance of such railroad when constructed at any point where the line of said new Portage…
2Cited by2 opinions
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- Haytock v. Nickel, Pennsylvania Court of Common Pleas, Northampton County1933