McCandless's Appeal
Supreme Court of Pennsylvania
Appeal from tbe decree of the Court of Common Pleas of Lawrence county: In Equity: No. 155, to ’ October and November Term 1871 To May Term 1868, of the Court of Common Pleas of Lawrence county, George S. McOandless filed a bill against James Rhodes and The Neshannock Railroad, Coal and Ore Company.
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Appeal from tbe decree of the Court of Common Pleas of Lawrence county: In Equity: No. 155, to ’ October and November Term 1871 To May Term 1868, of the Court of Common Pleas of Lawrence county, George S. McOandless filed a bill against James Rhodes and The Neshannock Railroad, Coal and Ore Company. By an Act of Assembly passed January 81st 1868, it was enacted:— Sect. 1. That David Craig, R. H. Peebles, Joshua Rhodes, A. B. Berger, T. E. Stryker, George Pearson and James Rhodes, their successors and associates, be a corporation by the name of “ The Neshannock Railroad, Coal and Ore Company,”…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1872, by
Read, J.
The road which is the subject of the present controversy was before this court, upwards of four years ago, in Stewart and Foltz’s Appeal, 6 P. F. Smith 413, and the court then held it was built without authority of law, and enjoined “ the defendant (James Rhodes) his servants and agents from running cars on the railroad of the defendant, and along the alley in the bill mentioned, or by and along the premises of the plaintiff, and to remove the rails, cross-ties and embankments in said alley therefrom, leaving the same in as good…
2Cited by6 opinions
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
- Vinton Colliery Co. v. Blacklick & Yellow Creek RailroadSupreme Court of Pennsylvania · 1910
- Deemer v. Bells Run RailroadSupreme Court of Pennsylvania · 1905
- Oliver v. Thompson's Run Bridge Co.Supreme Court of Pennsylvania · 1900
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