Philadelphia Clay Co. v. York Clay Co.
Supreme Court of Pennsylvania
Appeal, No. 209, Jan. T., 1912, by defendant, from decree of C. P. Cumberland Co., June T., 1911, No. 7, In Equity, granting injunction in case of Philadelphia Clay Company v. York Clay Company. Bill in equity for a restraining injunction.
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Appeal, No. 209, Jan. T., 1912, by defendant, from decree of C. P. Cumberland Co., June T., 1911, No. 7, In Equity, granting injunction in case of Philadelphia Clay Company v. York Clay Company. Bill in equity for a restraining injunction. Before Sadler, P. J. The opinion of the Supreme Court states the case, The court by a preliminary decree, subsequently made final, restrained the defendants from entering upon the property of the complainant where its private road crosses the same for the purpose of constructing or laying a tramway thereon. Error assigned, among others, was the decree of…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The Act of May 5, 1911, P. L. 167, provides that in certain cases relating to mining operations, tramways and other devices for moving products may be placed upon private roads laid out under the authority of the Acts of April 4, 1901, P. L. 65, and May 17, 1901, P. L. 259. The Act of 1911 in plain language gave to persons or corporations entitled to the use of a private road the right to construct and operate a tramway or other device upon such private road for the purpose of conveying materials mined from the lands of a private owner, or which amounts to the same…
2Cases cited4 opinions
- Palairet's AppealSupreme Court of Pennsylvania · 1871
- Pocopson RoadSupreme Court of Pennsylvania · 1851
- Waddell's AppealSupreme Court of Pennsylvania · 1877
- Jacobs v. Clearview Water Supply Co.Supreme Court of Pennsylvania · 1908
3Cited by44 opinions
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
- Dornan v. Philadelphia Housing AuthoritySupreme Court of Pennsylvania · 1938
- Hughes v. Consol-Pennsylvania Coal Co.Court of Appeals for the Third Circuit · 1991
- HOFFMAN v. PITTSBURGHSupreme Court of Pennsylvania · 1950
- Interstate Cemetery Co. AppealSupreme Court of Pennsylvania · 1966
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