Perry Co. v. Newport & Sherman's Valley R. R.
Supreme Court of Pennsylvania
Appeal, No. 52, July T., 1892, by defendant from decree of C. P. Perry Co., Jan. T., 1892, No. £2, in equity, authorizing plaintiff company to cross the tracks of defendant company at grade. The facts as found by the master, Alexander F. Thompson, sufficiently appear in the opinion of the Supreme Court.
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Appeal, No. 52, July T., 1892, by defendant from decree of C. P. Perry Co., Jan. T., 1892, No. £2, in equity, authorizing plaintiff company to cross the tracks of defendant company at grade. The facts as found by the master, Alexander F. Thompson, sufficiently appear in the opinion of the Supreme Court. The master, holding, as matter of law, that plaintiff was the sole judge of the right to cross the tracks of defendant company, recommended a decree regulating the mode of crossing. The court, McPherson, J., of the 12th judicial district, specially presiding, entered a decree. Errors assigned,…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
This was a case of grade crossing. The Newport & Sherman’s Valley Railroad Company, appellant, was incorporated on the 31st day of July, 1890, to construct and operate a narrow gauge railroad from Newport to New Germantown, Perry county, Pa., a distance of thirty miles, and had constructed its road, and had the same in operation, as far as Loysville, an intermediate point along its line, prior to the time when the Perry County Railroad Extension Company obtained its charter. The latter company was incorporated to construct and operate a standard gauge road…
2Cases cited2 opinions
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
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