Legal Opinion

Harnish v. Quarryville Railroad

Supreme Court of Pennsylvania

Decided July 1, 1914No. Appeal, No. 173PublishedCited by 1 opinion

Appeal, No. 173, Jan. T., 1914, by plaintiff, from judgment of C. P. Lancaster Co., Equity Docket No. 5, page 438, dismissing bill in equity for a mandatory injunction in case of Christian TL Harnish v. Quarryville Railroad Co. and Pennsylvania Railroad Co., Agent, defendants, and the City of Lancaster, intervening defendant. Bill in equity for a mandatory injunction. Before Landis, P. J. The opinion of the Supreme Court states the facts. The court dismissed the bill.

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Appeal, No. 173, Jan. T., 1914, by plaintiff, from judgment of C. P. Lancaster Co., Equity Docket No. 5, page 438, dismissing bill in equity for a mandatory injunction in case of Christian TL Harnish v. Quarryville Railroad Co. and Pennsylvania Railroad Co., Agent, defendants, and the City of Lancaster, intervening defendant. Bill in equity for a mandatory injunction. Before Landis, P. J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed. Error assigned, among others, was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

By an act of assembly approved May 10, 1871, P. L. 1872, 1287, the Lancaster & Reading Narrow Gauge Railroad Company was incorporated, with authority to construct a railroad from the City of Lancaster to the City of Reading, and branches therefrom; and by a supplementary act approved April 3, 1873, P. L. 494, it was authorized “to use, pass over and occupy such streets and alleys in the City of Lancaster as may be required in the construction of its roads.” All of the property, rights and franchises of this company passed by purchase to the Quarryville Railroad…

2Cases cited2 opinions

  1. Pennsylvania Railroad Co.'s AppealSupreme Court of Pennsylvania · 1886
  2. Beaver Borough v. Beaver Valley RailroadSupreme Court of Pennsylvania · 1907

3Cited by1 opinion

  1. Murdoch v. City of PittsburghSupreme Court of Pennsylvania · 1917

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