Smethport Railroad v. Pittsburg, Shawmut & Northern Railroad
Supreme Court of Pennsylvania
Appeal, No. 283, Jan. T., 1901, by defendant, from decree of C. P. McKean Co., June T., 1901, No. 2, on bill in equity in case of Smethport Railroad Company v. Pittsburg, Shawmut & Northern Railroad Company. Bill in equity to regulate a crossing of one railroad by another.
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Appeal, No. 283, Jan. T., 1901, by defendant, from decree of C. P. McKean Co., June T., 1901, No. 2, on bill in equity in case of Smethport Railroad Company v. Pittsburg, Shawmut & Northern Railroad Company. Bill in equity to regulate a crossing of one railroad by another. Morrison, P. J., filed the following opinion : This is a bill in equity filed by the plaintiff company for the • purpose of procuring a decree for a railroad crossing of defendant company’s railroad and right of way, in the borough of Smethport, at a point thirty-six feet east of the east edge of Marvin street, in said…
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
The plaintiff has a constitutional right with its road to cross the railroad of the defendant company, subject, however, in the exercise of the right to the control of a court of equity under the provisions of the act of June 19, 1871, Purd. Dig. 780. The 2d section of the act declares that “when such legal proceedings relate to crossings of lines of railroads by other railroads, it shall be the duty of courts of equity of this commonwealth to ascertain and define, by their. decree, the mode of such crossing which will inflict the least practicable injury upon…
2Cases cited4 opinions
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
- Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
- Pittsburg & Connellsville Railroad v. South-west Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1875
3Cited by6 opinions
- Chicago, M. & St. P. Ry. Co. v. Old Colony Trust Co.Court of Appeals for the Eighth Circuit · 1914
- Cincinnati, N. O. & T. P. Ry. Co. v. Morgan CountyCourt of Appeals for the Sixth Circuit · 1906
- Pennsylvania Railroad v. Parkesburg & Coatesville Street Railway Co.Superior Court of Pennsylvania · 1904
- Schweikert v. Mahoning & Shenango Railway & Light Co., Pennsylvania Court of Common Pleas, Lawrence County1922
- Westside Electric Street Ry. Co. v. West Penn Power Co., Pennsylvania Court of Common Pleas, Washington County1926
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