Cornwall R. v. Cornwall & Lebanon R.
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LEBANON COUNTY, IN EQUITY. No. 297 January Term 1888, Sup. Ct.; court below, No. 1, Equity D., 1887, C. P. in Equity.
Read the full summary
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF LEBANON COUNTY, IN EQUITY. No. 297 January Term 1888, Sup. Ct.; court below, No. 1, Equity D., 1887, C. P. in Equity. A bill in equity filed by the Cornwall Railroad Company against the Cornwall & Lebanon Railroad Company, to enforce the terms of a certain written agreement between said companies, averred, in substance, as follows: That the defendant has carried its railroad across the railroad of the plaintiff, at grade, at Cornwall; that the plaintiff and defendant, by agreement in writing, dated December 4, 1886, agreed inter alia: “ Fourth.…
1Opinion of the Court
Opinion,
Mr. Justice Green :
The litigant parties to this contention undertook, wisely, to settle the terms upon which the crossing of their tracks should be conducted, by an agreement which seems to us to be extremely sensible, plain, and simple. The oniy controversy that has arisen is upon the practical meaning of the fourth clause of the contract. It is in these words:
“ Fourth, In the use or working of the railroads of the parties hereto at or near the point of crossing, all trains, engines, or cars of the party of the second part shall come to a full stop at a distance of at least two…
2Cases cited2 opinions
- Pittsburg & Connellsville Railroad v. South-west Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1875
- Northern Central Railway Company's AppealSupreme Court of Pennsylvania · 1883