Parke's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Chester county: In Equity : Of January Term 1870. Robert Parke and others filed a bill against The Doe Run and White Clay Creek Railroad Co. The bill set out the incorporation of the defendants “ with power to construct a railroad from a point on the Pennsylvania Central Railroad, at or near Parkesburg, in Chester county; thence by the most available route along the Buck run and that branch of White Clay creek that runs…
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Appeal from the decree of the Court of Common Pleas of Chester county: In Equity : Of January Term 1870. Robert Parke and others filed a bill against The Doe Run and White Clay Creek Railroad Co. The bill set out the incorporation of the defendants “ with power to construct a railroad from a point on the Pennsylvania Central Railroad, at or near Parkesburg, in Chester county; thence by the most available route along the Buck run and that branch of White Clay creek that runs west of Chatham, to the state linethat the plaintiffs were stockholders in the company; that instead of locating the…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
— The question in this appeal is, whether the “Doe Run and White Clay Creek Railroad Company” has so located the northern terminus of its road as justified interference by the court below to compel it to change it; and this depends on whether the company has transcended the discretion on that subject in its act of incorporation. If it has not, the court below did right in refusing to interfere. If we should differ from its conclusion, we must interfere.
Neither the court below nor this court have any right to interfere with the location…
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