Lilley v. Pittsburg, Virginia & Charleston Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 44, Oct. T., 1905, by plaintiff, from decree of C. P. Washington Co., No. 1437, in Equity, dismissing bill in equity in case of Thomas 'Lilley v. The Pittsburg, Virginia & Charleston Railway Company. Bill in equity for an injunction.
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Appeal, No. 44, Oct. T., 1905, by plaintiff, from decree of C. P. Washington Co., No. 1437, in Equity, dismissing bill in equity in case of Thomas 'Lilley v. The Pittsburg, Virginia & Charleston Railway Company. Bill in equity for an injunction. McIlvaine, P. J., filed the following findings of fact and conclusions of law : ■ FACTS FOUND. 1. Thomas Lilley, the plaintiff, is the owner of a tract of land in East Pike Run township, in this county, containing 232 acres more or less, over which the Pittsburg, Virginia and Charleston Railway Company, the defendant, in the year 1876 (or near that…
1Opinion of the Court
Opinion by.
Mr. Justice Mestrezat,
The learned trial judge has found and clearly stated all the material facts of the case and in his opinion has fully vindicated the decree which he directed to be entered.
The only question in this case is the right of the defendant *251company to condemn the four grade crossings which the plaintiff claims he is entitled to under the contract of April 12,1876. It is clear, we think, that this is a severable and not an entire contract. The clause relating to the damages and the wagon roads across the tracks to be given Mr. Lilley maybe omitted from the contract and…
2Cases cited1 opinion
- Jones v. Pittsburg, McKeesport & Youghiogheny RailroadSuperior Court of Pennsylvania · 1899
3Cited by2 opinions
- Williams v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1916
- Stoner v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1911