Pennsylvania Railroad v. Inland Traction Co.
Superior Court of Pennsylvania
Appeal, No. 193, Oct. T., 1902, by plaintiff, from decree of O. P. Montgomery Co., March T., 1903, No. 7, dismissing bill in equity in case of Pennsylvania Railroad Company v. Inland Traction Company and the Philadelphia & Lehigh Valley Traction Company. Bill in equity for an injunction.
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Appeal, No. 193, Oct. T., 1902, by plaintiff, from decree of O. P. Montgomery Co., March T., 1903, No. 7, dismissing bill in equity in case of Pennsylvania Railroad Company v. Inland Traction Company and the Philadelphia & Lehigh Valley Traction Company. Bill in equity for an injunction. Weand, J., filed the following opinion: The bill avers that the plaintiff owns in fee simple certain land in Whitemarsh township, Montgomery county, subject to certain public roads known as the Chestnut Hill and Spring-house and Skippack turnpikes running through it and over which plaintiff has constructed a…
1Opinion of the Court
Opinion by
Rice, P. J.,
The Chestnut Hill and Spring House turnpike runs nearly north and south at the point where it is crossed by an iron bridge constructed by the plaintiff for the passage of its cars. At the time this bill was filled the defendant had practically completed its street railway except at railroad crossings and was about to lay its track on the turnpike underneath the bridge. The line of the street railway is west of the center line of the turnpike and crosses a lot — that part which is in the bed of the turnpike — which was conveyed by James Otterson to the plaintiff by deed…
2Cases cited14 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
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
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3Cited by1 opinion
- Pennsylvania Railroad v. Parkesburg & Coatesville Street Railway Co.Superior Court of Pennsylvania · 1904