Pennsylvania Railroad v. Parkesburg & Coatesville Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 10, Oct. T., 1903, by defendant, from decree of C. P. Chester Co., No. 396, in equity, awarding injunction in case of Pennsylvania Railroad Company v. Parkesburg & Coatesville Street Railway Company. Before Rice, P. J., Bill in equity for an injunction. Before Butler, J. The facts are stated in the opinion of the Superior Court. Error assigned was the decree awarding an injunction.
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Appeal, No. 10, Oct. T., 1903, by defendant, from decree of C. P. Chester Co., No. 396, in equity, awarding injunction in case of Pennsylvania Railroad Company v. Parkesburg & Coatesville Street Railway Company. Before Rice, P. J., Bill in equity for an injunction. Before Butler, J. The facts are stated in the opinion of the Superior Court. Error assigned was the decree awarding an injunction. The application for redress by injunction must establish a clear case of irreparable injury, likely to ensue from the continuance of the acts: Sparhawk v. Union Pass. Ry. Co., 54 Pa. 401; Cumberland…
1Opinion of the Court
Opinion by
Oklady, J.,
The Pennsylvania Railroad Company filed a bill in equity to enjoin the Parkesburg and Coatesville Street Railway from placing its tracks upon and across an overhead bridge, by which West Bridge street of the borough of Parkesburg, Chester county, is carried across the railroad tracks of the complainant.
The foundation of the action as set forth in the third paragraph of the bill was that the respondent, the street railway company, had not secured the necessary consent of the several municipal authorities and owners of land abutting on the public roads where its railway was…
2Cases cited17 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Gates v. Pennsylvania R.Supreme Court of Pennsylvania · 1892
- Pennsylvania Railroad v. Greensburg, Jeannette & Pittsburg Street Railway Co.Supreme Court of Pennsylvania · 1896
- Penn Iron Co. v. City of LancasterSuperior Court of Pennsylvania · 1904
- Pennsylvania Railroad Co.'s AppealSupreme Court of Pennsylvania · 1886
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