Corey v. Edgewood Borough
Superior Court of Pennsylvania
Appeal, No. 164, April T., 1901, by defendant, from decree of C. P. No 2, Allegheny Co., Oct. T., 1900, No. 671, on bill in equity in case of J. B. Corey v. The Borough of Edgewood. Bill in equity for an injunction.
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Appeal, No. 164, April T., 1901, by defendant, from decree of C. P. No 2, Allegheny Co., Oct. T., 1900, No. 671, on bill in equity in case of J. B. Corey v. The Borough of Edgewood. Bill in equity for an injunction. Schafer, J., found the facts to be as follows: The bill is for an injunction to restrain further interference by defendant with railroad tracks which were in the possession and use of the plaintiff across a street of defendant borough, and to require the defendant to restore such parts of plaintiff’s tracks as it has already torn up. FINDINGS OF FACT. 1. For some years before 1882…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. The first question to be considered is as to the nature, extent and duration of the easement reserved in the deed from John Z. Speer to John McIntosh. The language of the reservation is as follows: “ Reserving therefrom and thereout the right of wayof the railroad now upon said land, twenty-eight (28) feet wide, with a double track throirgh, over and upon said land, as said railroad is now located upon said land, so that said right of way shall be reserved to the said John Z. Speer, his heirs and assigns forever.” The history of the building of this railroad is fully…
2Cases cited5 opinions
- Clark v. . DevoeNew York Court of Appeals · 1891
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Richardson v. ClementsSupreme Court of Pennsylvania · 1879
- Chatham StreetSuperior Court of Pennsylvania · 1901
- Commonwealth v. LlewellynSuperior Court of Pennsylvania · 1900
3Cited by8 opinions
- Hatcher v. ChesnerSupreme Court of Pennsylvania · 1966
- Lacey v. MontgomerySuperior Court of Pennsylvania · 1956
- Yost v. Anchor Fire InsuranceSuperior Court of Pennsylvania · 1909
- Detwiler v. ColdrenSupreme Court of Pennsylvania · 1933
- Citizens' Electric Co. v. DavisSuperior Court of Pennsylvania · 1910
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