Maust v. Pennsylvania & Maryland Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 203, Oct. T., 1907, by plaintiff, from decree of C. P. Somerset Co., Equity Docket, 1906, No. 14, dismissing bill in equity in case of Samuel P. Maust v. Pennsylvania & Maryland Street Railway Company. Bill in equity for an injunction. From the record it appeared that plaintiff owned twenty-six acres of land in Elklick township which abutted upon one side and at other places on both sides of a public highway.
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Appeal, No. 203, Oct. T., 1907, by plaintiff, from decree of C. P. Somerset Co., Equity Docket, 1906, No. 14, dismissing bill in equity in case of Samuel P. Maust v. Pennsylvania & Maryland Street Railway Company. Bill in equity for an injunction. From the record it appeared that plaintiff owned twenty-six acres of land in Elklick township which abutted upon one side and at other places on both sides of a public highway. Kooser, P. J., found as follows as to the plaintiff’s knowledge of the location and construction of the railway: 6. That on the last of September, 1906, — perhaps the last…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Maust, the appellant, an abutting property owner, has filed this bill to enjoin the defendant company from laying down or placing ties and rails or constructing its track upon the township road running through his farm. After a full hearing the preliminary injunction was dissolved, and a decree entered dismissing the bill. The learned court below based its decree upon the ground that appellant by words and deeds, not in express language or specific acts, but in effect, consented to the grading of the line and the laying of the track over the public highway and…
2Cases cited6 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
- Plankinton's EstateSupreme Court of Pennsylvania · 1905
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1896
- Estate of LazarusPennsylvania Orphans' Court, Luzerne County · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kipp v. State Highway CommissionerMichigan Supreme Court · 1938
- Clear Springs Water Co. v. Catasauqua BoroughSupreme Court of Pennsylvania · 1911
- Leininger v. TrapizonaCommonwealth Court of Pennsylvania · 1994
- Beard v. Coal River CollieriesWest Virginia Supreme Court · 1927
- McGonigle v. Saint Clair Coal Co.Superior Court of Pennsylvania · 1919
3 more not listed; retrieve them via the Exa API.