Lehigh & New England Railroad v. Bangor & Portland Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1910, by defendant, from decree of C. P. Northampton Co., June T., 1909, No. 1, awarding injunction in case of Lehigh & New England Railroad Company v. The Bangor & Portland Railway Company. Bill in equity for an injunction. Before Scott, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was decree awarding injunction.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The appellee company sought and obtained an injunction in the court below to restrain appellant from crossing its tracks at grade. Both companies are domestic corporations organized and created to operate lines of steam railroad under the act, of 1868. The Northampton Railroad Company, no longer existing and not a party to this proceeding, was also incorporated for the same purpose under the same act. In 1903, the last-named company entered into an agreement in writing with the appellant company granting the- right to cross its tracks at grade upon the conditions…
2Cases cited4 opinions
- Huff v. McCauleySupreme Court of Pennsylvania · 1866
- Baldwin v. TaylorSupreme Court of Pennsylvania · 1895
- Willis v. Erie City Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- Park Steel Co. v. Allegheny Yalley Railway Co.Supreme Court of Pennsylvania · 1906
3Cited by5 opinions
- Hennebont Co. v. Kroger Co.Superior Court of Pennsylvania · 1972
- Suburban Rapid Transit Street Railway Co. v. Monongahela Natural Gas Co.Supreme Court of Pennsylvania · 1911
- Cryer v. Sawkill Pines Camp, Inc.Superior Court of Pennsylvania · 1926
- McGurk v. Piecuch, Pennsylvania Court of Common Pleas, Philadelphia County1937
- Restland Memorial Parks, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 2021