Altoona & Philipsburg Connecting R. R. v. Tyrone & Clearfield R. R.
Supreme Court of Pennsylvania
Appeal, No. 93, Jan. T., 1894, by defendants, from decree of C. P. Clearfield Co., Sept. T., 1893, No. 2, on bill in equity. Bill in equity under act of June 19, 1871, P. L. 1361, to regulate crossing of one railroad by another. The case was heard by the court, without reference to a master.
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Appeal, No. 93, Jan. T., 1894, by defendants, from decree of C. P. Clearfield Co., Sept. T., 1893, No. 2, on bill in equity. Bill in equity under act of June 19, 1871, P. L. 1361, to regulate crossing of one railroad by another. The case was heard by the court, without reference to a master. The following opinion was filed by Krebs, P. J.: “ The bill in this case involves the question of the plaintiff company’s right to cross five branches of the defendant company’s line between Philipsburg, its northern and eastern terminus, and its connection with the Beech Creek Railroad and its southern…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
This bill, brought against the Tyrone & Clearfield Railroad Co. and others, lessees, etc., avers, inter alia, that plaintiff company was organized July 12, 1892, and proceeded to locate a railroad from Phillipsburg to Janesburg in Clearfield county; that the route of said road crosses the following five branches of said Tyrone & Clearfield Railroad Co., viz.: (1) Mapleton, (2) Big Run, (3) Coal Run, (4) Goss Run, and (5) Amesville, all of which branches plaintiff proposes to cross at grade ; that it is not reasonably practicable to avoid grade crossings;…
2Cases cited3 opinions
- Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
- Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
- Pennsylvania Co. v. Erie & Pittsburgh RailroadSupreme Court of Pennsylvania · 1885
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- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Chester Traction Co. v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1898
- Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1896