Southwark Railroad v. City of Philadelphia
Supreme Court of Pennsylvania
Rill in equity for injunction. This was a proceeding in equity for an injunction to restrain the city of Philadelphia from removing the track of the City Railroad on Broad street from Vine to South street. It was alleged that its removal would inflict “ grievous and irreparable injury” upon the Southwark Railroad Company, whose track connected with that of the City Railroad. The motion was heard before a full bench.
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Rill in equity for injunction. This was a proceeding in equity for an injunction to restrain the city of Philadelphia from removing the track of the City Railroad on Broad street from Vine to South street. It was alleged that its removal would inflict “ grievous and irreparable injury” upon the Southwark Railroad Company, whose track connected with that of the City Railroad. The motion was heard before a full bench. The facts were as follows:— On the 21st day of March 1831, the legislature (P. L. 1831, p. 194) directed the canal commissioners to complete a railroad from the Schuylkill to the…
1Opinion of the Court
The opinion of the court was delivered by
Agnew, J.
This case comes before us upon a motion for a special injunction to prevent the removal of the railroad upon Broad street, between Olive and South streets, under an ordinance of the city, approved the 18th of May 1863.
The railroad along Broad street, from Vine to Cedar, now South street, was laid down under an ordinance of the city, passed the 10th of January 1833, under the following circumstances.
The Act of 21st March 1831, providing for the construction of the railroad from Philadelphia to Columbia, contained the following clause: “ And…
2Cases cited2 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Kinney's Administrator v. LockwoodOhio Supreme Court · 1833
3Cited by6 opinions
- Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
- Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Owl Protective Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1936
- Locust Street Subway ConstructionSuperior Court of Pennsylvania · 1934
- Commonwealth v. Koczwara, Pennsylvania Court of Common Pleas, Crawford County1951
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