Riley v. Pennsylvania Co.
Superior Court of Pennsylvania
Appeal, No. 141, April T,, 1904, by defendant, from decree of C. P. No. 2, Allegheny Co., Jan. Term, 1902, No. 13, on bill in equity in case of Patrick Riley etal. v. Pennsylvania Company. Bill in equity for an injunction.
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Appeal, No. 141, April T,, 1904, by defendant, from decree of C. P. No. 2, Allegheny Co., Jan. Term, 1902, No. 13, on bill in equity in case of Patrick Riley etal. v. Pennsylvania Company. Bill in equity for an injunction. Rodgers, J., found the facts to be as follows: So far as the facts developed at the trial are material we find as follows: 1. Patrick Riley, James Creese, Samuel Creese and Charles Weber, plaintiffs, are severally the owners of certain lots of ground, situate in the village of Leetsdale, Leet township, county of Allegheny, all of said lots being situated and fronting on the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellant’s first proposition, as clearly stated by its counsel, is that the occupation of this portion — a strip about thirteen feet wide and sixty-seven feet long — of the public street by a portion of the passenger depot of the railroad company, with the consent of the municipal authorities, is not an illegal act; on the contrary, it is expressly authorized by law, and what is authorized by law cannot be a nuisance. The only statutory authority for the act to which our notice has been directed is supposed to be contained in the eleventh section of the act…
2Cases cited31 opinions
- Sparhawk v. Union Passenger Railway Co.Supreme Court of Pennsylvania · 1867
- Lake Superior & Mississippi Railroad v. United StatesSupreme Court of the United States · 1877
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
26 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- 46 South 52nd Street Corp. v. ManlinSupreme Court of Pennsylvania · 1960
- Pittsburgh v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1919
- Diblasi v. Pa. R. R. Co.Supreme Court of Pennsylvania · 1948
- DiBlasi v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1949
- 46 South 52nd Street Corp. v. ManlinSupreme Court of Pennsylvania · 1960
6 more not listed; retrieve them via the Exa API.