Williams Valley Railroad v. Lykens & Williams Valley Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 12, May T., 1899, by plaintiff, from decree of C. P. Dauphin Co., Equity Docket, 1898, No. 248, on bill in equity. Bill in equity for an injunction.
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Appeal, No. 12, May T., 1899, by plaintiff, from decree of C. P. Dauphin Co., Equity Docket, 1898, No. 248, on bill in equity. Bill in equity for an injunction. The facts appear by the opinion of Simonton, P. J., which was as follows: The plaintiff avers in its bill that it is a corporation of the state of Pennsylvania and the owner of a steam railway running from the borough of Lykens, Dauphin county, to Brookside, on the line of the Philadelphia and Reading Railway, in Schuylkill county, over which about twelve passenger and freight trains pass daily; that it passes through the township of…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
In this case, a trolley road sought to cross at grade a steam railroad in Dauphin county. The steam railroad filed this bill for an injunction to restrain such crossing. The learned judge of the court below, under carefully defined conditions, by final decree, permitted the grade crossing, and we have this appeal from that decree.
While there are six assignments of error, the merits of the appeal involve but two inquiries:
1. Has the appellee the right to cross the appellant’s road by any method at the point of crossing?
*5602. If it have such right, then, under the facts…
2Cases cited3 opinions
- Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
- Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
- Pennsylvania Railroad v. Warren Street Railway Co.Supreme Court of Pennsylvania · 1898
3Cited by4 opinions
- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Baltimore & Ohio Railroad v. Butler Passenger Railway Co.Supreme Court of Pennsylvania · 1904
- Pennsylvania Railroad v. Inland Traction Co.Superior Court of Pennsylvania · 1904
- Delaware, Lackawanna & Western Railroad v. Danville & Bloomsburg Street Railway Co.Supreme Court of Pennsylvania · 1908