North Penna. R. R. v. Inland Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 271, Jan. T., 1902, by plaintiffs, from decree of C. P. Montgomery Co., June T., 1901, No. 7, on bill in equity in case of the North Pennsylvania Railroad Company and the Philadelphia and Reading Railway Company v. The Inland Traction Company, and the Philadelphia and Lehigh Valley Traction Company. Bill in equity to restrain the construction of a street railway.
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Appeal, No. 271, Jan. T., 1902, by plaintiffs, from decree of C. P. Montgomery Co., June T., 1901, No. 7, on bill in equity in case of the North Pennsylvania Railroad Company and the Philadelphia and Reading Railway Company v. The Inland Traction Company, and the Philadelphia and Lehigh Valley Traction Company. Bill in equity to restrain the construction of a street railway. The court below, Weand, J., filled the following opinion : The plaintiffs by this bill seek to restrain the defendants from building their street passenger railway in front of plaintiffs’ lands, which abut on a turnpike…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
Part of the route of the Philadelphia and Lehigh Valley Traction Company, the real appellee, is on the Chestnut Hill *587and Springhouse Turnpike Road. The North Pennsylvania Railroad Company is the owner in fee of several pieces of land abutting on the east side of the said turnpike road and owns the land where its railroad crosses the turnpike, which was built and in operation long before the construction of the railroad crossing it. At the point of crossing the railroad runs through a deep cut, over which there is a bridge, erected by the railroad company as a part…
2Cases cited2 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Pennsylvania Railroad v. Greensburg, Jeannette & Pittsburg Street Railway Co.Supreme Court of Pennsylvania · 1896
3Cited by8 opinions
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Riley v. Pennsylvania Co.Superior Court of Pennsylvania · 1907
- City of Philadelphia v. Consolidated Rail Corp.Court of Appeals for the D.C. Circuit · 2000
- City of Philadelphia v. Consolidated Rail Corp.Supreme Court of Pennsylvania · 2000
- South Baltimore Co. v. Washington, Baltimore & Annapolis Electric RailroadCourt of Appeals of Maryland · 1926
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