Taylor v. Erie City Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 114, Jan. T., 1905, by plaintiff, from decree of C. P. Erie Co., Feb. T., 1903, No. 1, dismissing bill in equity in case of Matthew H. Taylor, Charles H. Strong, Richard H. Townsend, Jr., and John W. Little, Trustees of the Real Estate of William L. Scott, deceased, v. The Erie City Passenger Railway Company and Erie Electric Railway Company. Bill in equity for an injunction. Before Walling, P. J. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 114, Jan. T., 1905, by plaintiff, from decree of C. P. Erie Co., Feb. T., 1903, No. 1, dismissing bill in equity in case of Matthew H. Taylor, Charles H. Strong, Richard H. Townsend, Jr., and John W. Little, Trustees of the Real Estate of William L. Scott, deceased, v. The Erie City Passenger Railway Company and Erie Electric Railway Company. Bill in equity for an injunction. Before Walling, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
The appellants filed this bill to enjoin the use of a switch and to compel the appellees to remove it. The real estate abutting on the road on which the street-railway is constructed belonged to William L. Scott, deceased, who devised it to the appellants in trust. In 1889, when the appellees constructed *489their railway, he gave them permission to locate it in front of his property, with the necessary turn-outs. During that year the switch in controversy, known as the “ Blacksmith ” or “ Cemetery ” switch, was constructed and has been used ever since by the appellees…
2Cases cited1 opinion
- Willis v. Erie City Passenger Railway Co.Supreme Court of Pennsylvania · 1898
3Cited by1 opinion
- Taylor v. Erie City Passenger Railway Co.Superior Court of Pennsylvania · 1908