Allegh. V. R. v. Pittsb. Junction R.
Supreme Court of Pennsylvania
FBOM THE DECREE OE THE COURT OF COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY, IN EQUITY. No. 220 October Term 1885, Sup. Ot.; court below, No. 88, September Term 1883, C. P. No. 1 in Equity. On June 19,1883, The Allegheny Valley Railroad Company filed a bill in equity against the Pittsburgh Junction Railroad Company.
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FBOM THE DECREE OE THE COURT OF COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY, IN EQUITY. No. 220 October Term 1885, Sup. Ot.; court below, No. 88, September Term 1883, C. P. No. 1 in Equity. On June 19,1883, The Allegheny Valley Railroad Company filed a bill in equity against the Pittsburgh Junction Railroad Company. A preliminary injunction prayed for having been awarded, and answer and replication filed, Mr. Samuel 01 Schoyer was appointed examiner and master, whose report filed on October 3, 1885, showed the controversy between the parties to be as follows: The plaintiff company claims to be a…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
This case has drifted from its moorings. Originally it was a bill filed in the court below by the Allegheny Valley Railroad Company against the Pittsburgh Junction Railroad Company, to prevent said company from taking, under the right of eminent domain, a portion of the property of the former company.
The plaintiff is a railroad corporation, owning and operating *528a line of railroad extending from Pittsburgh, to Oil City, and, by means of various connections, to Buffalo, in the state of New York, and has owned and operated the said line for upward^ of thirty years.…
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