Pennsylvania Schuylkill Valley Railroad v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal, No. 36, Jan. T., 1894, by defendants, from decree of C. P. Berks Co., Sept. T., 1893, No. 512, on bill in equity.
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Appeal, No. 36, Jan. T., 1894, by defendants, from decree of C. P. Berks Co., Sept. T., 1893, No. 512, on bill in equity. Bill in equity under the act of June 19, 1871, P. L. 1361, to prevent defendants from interfering with construction of a grade crossing by plaintiffs. [For report of injunction in this case to prevent interference with temporary crossing for construction purposes, see 151 Pa. 402.] Plaintiffs’ bill alleged that “ under authority vested in them by law, they have surveyed, ascertained, located, fixed, marked and determined upon a route for two branch railroads,” crossing…
1Opinion of the Court
Pee Cueiam,
It is unnecessary to refer in detail to the facts of this case. They are fully set forth in the reports of the master and opinion of the court below. The purposes of the bill were to determine plaintiff company’s right to a grade crossing over defendant company’s tracks and to regulate the exercise of that right, and, in the meantime, to restrain defendant from interfering with the construction of said crossing. The questions involved depended largely on facts and circumstances which to some extent are peculiar to the case ; and they appear to have received the careful…
2Cited by12 opinions
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- Pittsburgh Railways Co. v. Borough of CarrickSupreme Court of Pennsylvania · 1918
- Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
- Bethlehem v. AllentownSupreme Court of Pennsylvania · 1922
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