Penna. R. v. Diem
Pennsylvania Court of Common Pleas, Lancaster County
No. 61 July Term 1888, Sup. Ct.; court below, No. 2 Equity Docket, p. 291, C. P. in Equity. On August 14,1886, The Pennsylvania Railroad Company filed a bill in equity against Martin Diem, Henry Massey and George W. Ramsey, road supervisors of Salisbury township, Lancaster county, averring:, That the plaintiff company had acquired from the commonwealth under the act of May 16, 1857, P. L. 519, the Philadelphia and Columbia Railroad, with the right to straighten and improve…
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No. 61 July Term 1888, Sup. Ct.; court below, No. 2 Equity Docket, p. 291, C. P. in Equity. On August 14,1886, The Pennsylvania Railroad Company filed a bill in equity against Martin Diem, Henry Massey and George W. Ramsey, road supervisors of Salisbury township, Lancaster county, averring:, That the plaintiff company had acquired from the commonwealth under the act of May 16, 1857, P. L. 519, the Philadelphia and Columbia Railroad, with the right to straighten and improve said railroad, and, upon finding it necessary to change the site of any portion of any public road, to cause the same to…
1Opinion of the Court
Opinion,
Mb. Justice Williams :
This case presents a question which is both interesting and *520important. The tracks of the Pennsylvania Railroad through the village of Gap in Lancaster county are upon the slope or side of a hill. Prior to 1885 the company undertook the improvement of its line, and the village of Gap was one of the places where it was sought to reduce its grades. For this purpose the tracks were put upon a new location further down the face of the hillside, and the road-bed was dropped still lower by means of a considerable excavation. The Newport road crossed the tracks as…
2Cases cited2 opinions
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
- Pennsylvania Railroad Co.'s AppealSupreme Court of Pennsylvania · 1886
3Cited by6 opinions
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925
- Knowles v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1896
- Port Vue Borough v. Pittsburgh, &c., Railroad, Pennsylvania Court of Common Pleas, Alleghany County1928
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