Legal Opinion

Twelfth-St. Market Co. v. P. & R. Terminal R.

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 25, 1891No. Nos. 51, 52, 57, 58PublishedCited by 31 opinions

Nos. 51, 52, 57, 58 July Term 1891, Sup. Ct.; court below, Nos. 583, 584 March Term 1891, C. P. No. 4. On April 2, 1891, the Twelfth-Street Market Company filed a bill in equity against tlie Philadelphia & Reading Terminal Railroad Company, praying for an injunction to restrain the defendant from appropriating, under the power of eminent domain, for the purpose of locating and constructing thereon its terminal sidings, depots, warehouses, etc., a lot of ground and…

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Nos. 51, 52, 57, 58 July Term 1891, Sup. Ct.; court below, Nos. 583, 584 March Term 1891, C. P. No. 4. On April 2, 1891, the Twelfth-Street Market Company filed a bill in equity against tlie Philadelphia & Reading Terminal Railroad Company, praying for an injunction to restrain the defendant from appropriating, under the power of eminent domain, for the purpose of locating and constructing thereon its terminal sidings, depots, warehouses, etc., a lot of ground and market-house on the northeast corner of Twelfth and Market streets, Philadelphia, owned by the plaintiff. On the same day, the…

1Opinion of the Court

nos. 51, 52,

2Per curiam 1

These were appeals from the refusal of the court below to issue preliminary injur diions restraining the Philadelphia & *597Reading Terminal Railroad Company from proceeding to' condemn, under its right of eminent domain, the market-houses of the respective appellants for depot purposes. The order below was interlocutory, and in appeals from such orders it is not our practice to dispose of cases upon their merits. In these instances, however, the facts are before us as fully as they would be upon final hearing, and, as it is to the manifest interest of the parties to the controversy…

Also in this document: Per curiam 2.

3Cited by31 opinions

  1. Dornan v. Philadelphia Housing AuthoritySupreme Court of Pennsylvania · 1938
  2. Fountain Park Co. v. HenslerIndiana Supreme Court · 1927
  3. Story v. RichardsonCalifornia Supreme Court · 1921
  4. Garkane Power Co., Inc. v. Public Service Comm.Utah Supreme Court · 1940
  5. Seligsohn AppealSupreme Court of Pennsylvania · 1963

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