Pioneer Coal Co. v. Cherrytree & Dixonville R. R.
Supreme Court of Pennsylvania
Appeal, No. 50, Oct. T., 1921, by defendant, from decree of O. P. Indiana Co., March T., 1920, No. 2, on bill in equity, in case of Pioneer Coal Co. v. Cherrytree & Dixonville Railroad Co. Bill in equity under Act of June 19, 1871, P. L. 1360, for an injunction. Before Langham, P. J. The opinion of the Supreme Court states the facts. Injunction awarded. Defendant appealed. Error assigned, among others, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
This is a proceeding in equity,' under section 1 of the Act of June 19, 1871, P. L. 1360, by the Pioneer Coal Company against the Cherrytree & Dixonville Railroad Company, to restrain the latter from building what it claims to be an extension of a branch road, and what plaintiff contends is a mere spur or siding facility for the private use and benefit of a competing coal company; the injunction was granted and defendant has appealed.
Plaintiff has some 1,800 acres of coal land in Indiana County, mined by another company, the latter owning the stock of…
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