Chambers v. Balt. & O. R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 235 October Term 1890, Sup. Ct.; court below, No. 233 July Term 1890, C. P. No. 2, in Equity.
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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 235 October Term 1890, Sup. Ct.; court below, No. 233 July Term 1890, C. P. No. 2, in Equity. On May 16,1889, James A. Chambers filed a bill in equity against the Baltimore & Ohio Railroad Company and the Pittsburgh & Connellsville Railroad Company, praying upon the facts therein averred, that the defendants be enjoined from entering upon certain lands of the plaintiff “ and laying down or maintaining their tracks, switches, or sidings thereon,” and for further relief. On May 25th, the defendant companies filed…
1Opinion of the Court
Peb Cubiam:
There was a bill and a cross-bill filed in this case. The court below dismissed the original bill, and sustained the cross-bill, and decreed, inter alia, “ that the plaintiffs in the cross-bill have the right to maintain and use said tracks, referred to, *354mentioned, and described in said bill, over and upon the lands of the defendant, described therein, in the manner and for the purposes the same has been heretofore maintained and used.” The master has found that the Y in question was put in at the request of the predecessors of the plaintiff in the title to the land, and was used…
2Cited by1 opinion
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