Jones v. Pittsburg, McKeesport & Youghiogheny Railroad
Superior Court of Pennsylvania
Appeal, No. 104, April T., 1899, by plaintiffs, from order of C. P. Fayette Co., in equity, No. 292, dismissing bill for injunction. Opinion by Rice, P. J. W. W. Pobteb, J., dissents. Bill in equity.
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Appeal, No. 104, April T., 1899, by plaintiffs, from order of C. P. Fayette Co., in equity, No. 292, dismissing bill for injunction. Opinion by Rice, P. J. W. W. Pobteb, J., dissents. Bill in equity. Before Mestbezat, P. J. It appears from the record that on January 26, 1892, the plaintiffs, with their wives, conveyed to the defendant company the easement and right of way for the construction and maintenance and use of a railroad, forty feet in width at the grade of the roadbed; that in said conveyance it is “ agreed that said second party shall not by its fill or embankment obstruct the flow…
1Opinion of the Court
Opinion by
Rice, P. J.,
Prior to the date of the deed to which we shall refer hereafter, the defendants’ railroad crossed the plaintiffs’ private road and Speer’s run at right angles by a wooden bridge elevated about eight feet above the bed of the road. In June, 1898, the company, or its lessee, the P. &. L. E. R. R. Co., replaced this with a temporary structure preparatory to the erection of an *206iron bridge or viaduct, which, by reason of the vertical thickness of the girder, would reduce the headroom or clearance above the bed of the plaintiffs’ road about fifteen inches. To make up for this,…
2Cases cited3 opinions
- Landell v. HamiltonSupreme Court of Pennsylvania · 1896
- Orne v. FridenbergSupreme Court of Pennsylvania · 1891
- Mackintyre v. JonesSuperior Court of Pennsylvania · 1899
3Cited by2 opinions
- Lilley v. Pittsburg, Virginia & Charleston Railway Co.Supreme Court of Pennsylvania · 1906
- Corey v. Edgewood BoroughSuperior Court of Pennsylvania · 1901