Western New York & Pennsylvania Railway Co. v. Buffalo, Rochester & Pittsburg Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 362, Jan T., 1898, by defendant, from decree of C. P. McKean Co., June T., 1897, No. 2, on bill in equity. Bill in equity for an injunction. The facts appear by the previous report in the case in 186 Pa. 215, and by the opinion of Olmsted, P. J., which was as follows: The Olean, Bradford & Warren Railway Company was incorporated September 29,1877. It was soon after constructed and operated as a narrow gauge road, from.
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Appeal, No. 362, Jan T., 1898, by defendant, from decree of C. P. McKean Co., June T., 1897, No. 2, on bill in equity. Bill in equity for an injunction. The facts appear by the previous report in the case in 186 Pa. 215, and by the opinion of Olmsted, P. J., which was as follows: The Olean, Bradford & Warren Railway Company was incorporated September 29,1877. It was soon after constructed and operated as a narrow gauge road, from. Olean, N. Y., south to Bradford, Pa., and to other points further south. Some time prior to 1882 the Rochester & Pittsburg Railroad was incorporated. It was…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This case was here before on an appeal from a preliminary injunction, 186 Pa. 212. There being facts involved which were not then finally ascertained we followed the usual practice of not interfering with the interlocutory action of the court below unless clearly erroneous and immediately injurious to the appellant. We therefore affirmed the decree, but did not pass upon the final merits of any of the questions involved. These therefore are now open for consideration.
In the first opinion of the court below (see 186 Pa. 215), the Olean, Bradford and Warren…
2Cases cited1 opinion
- Western New York & Pennsylvania Railway Co. v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of Pennsylvania · 1898
3Cited by6 opinions
- Kane & Elk Railroad v. Pittsburgh & Western R. R.Supreme Court of Pennsylvania · 1913
- Boulware v. CrohnMissouri Court of Appeals · 1907
- Deemer v. Bells Run RailroadSupreme Court of Pennsylvania · 1905
- Park Steel Co. v. Allegheny Yalley Railway Co.Supreme Court of Pennsylvania · 1906
- Keystone Wood Co. v. Susquehanna Boom Co.District Court, M.D. Pennsylvania · 1916
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