Markleton Hotel Co. v. Connellsville & State Line Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 189, Oct. T., 1913, by defendant, from decree of O. P. Somerset Co., in equity, Equity Docket 1912, No. 1, making permanent a preliminary injunction in the case of The Markleton Hotel Company v. The Connellsville & State Line Railway Company. Bill in equity to restrain defendant from taking water from stream. Before Gillan, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 189, Oct. T., 1913, by defendant, from decree of O. P. Somerset Co., in equity, Equity Docket 1912, No. 1, making permanent a preliminary injunction in the case of The Markleton Hotel Company v. The Connellsville & State Line Railway Company. Bill in equity to restrain defendant from taking water from stream. Before Gillan, P. J. The opinion of the Supreme Court states the case. The court made permanent a preliminary injunction, restraining defendants from taking the waters of the stream for the purposes of producing steam for its locomotives and other operating purposes. Error…
1Opinion of the Court
Opinion by
Mr. Justice Moschziskeb,
The plaintiff company, a Pennsylvania corporation, is the owner in fee of a tract of land in Somerset County containing about 168 acres, upon which it maintains a large hotel; this land lies on both sides of Casselman river, and a tributary of that stream known as Iser’s Eun flows through the portion located on the east side, comprising about fifty-four acres of timber land, which is used as a pleasure park in connection with the hotel. The defendant company is also a Pennsylvania corporation authorized to construct, operate and maintain a railroad in…
2Cases cited6 opinions
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
- Kane & Elk Railroad v. Pittsburgh & Western R. R.Supreme Court of Pennsylvania · 1913
- Scranton Gas & Water Co. v. Delaware, Lackawanna & Western R. R.Supreme Court of Pennsylvania · 1913
- Streng v. Buck Run Coal Co.Supreme Court of Pennsylvania · 1913
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3Cited by4 opinions
- Pfaff v. BaconSupreme Court of Pennsylvania · 1915
- Land Title & Trust Co. v. ShoemakerSupreme Court of Pennsylvania · 1917
- Connellsville & State Line Railway Co. v. Markleton Hotel Co.Supreme Court of Pennsylvania · 1915
- McCoy v. HetzlSuperior Court of Pennsylvania · 1924