Rafferty v. Central Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 259, Oct. T., 1891, by defendant, from decree of C. P. No. 2, Allegheny Co., July T., 1889, No. 489, in favor of plaintiffs, Bernard Rafferty et al. Bill in equity to restrain defendants from operating a cable street railway on High street in the city of Pittsburgh. Prom the record it appeared that the bill was filed by six separate owners of property on High street. The defendant demurred to the bill on the ground of misjoinder of parties.
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Appeal, No. 259, Oct. T., 1891, by defendant, from decree of C. P. No. 2, Allegheny Co., July T., 1889, No. 489, in favor of plaintiffs, Bernard Rafferty et al. Bill in equity to restrain defendants from operating a cable street railway on High street in the city of Pittsburgh. Prom the record it appeared that the bill was filed by six separate owners of property on High street. The defendant demurred to the bill on the ground of misjoinder of parties. The court overruled the demurrer, and ordered the defendant to answer. [1] The case was referred to Lewis McMullen, Esq., as master, who…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
We dismiss the first and second assignments of error, because we think that the cause of complaint is one that is common to all the plaintiffs, the right under which all claim is precisely the same as to each, the complaint of all is against the same defendant for the doing of acts which affected all alike and in the same manner, the defence set up is common to all the plaintiffs, and the testimony, proofs and decree are alike as to all the plaintiffs. It is not necessary to cite authorities to show that when all these matters concur a bill filed l?y several such…
2Cases cited5 opinions
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Borough of Millvale v. Evergreen Railway Co.Supreme Court of Pennsylvania · 1890
- Lockhart v. Craig St. Ry. Co.Supreme Court of Pennsylvania · 1891
- Gyger v. Phila. etc. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1890
- Hestonville, Mantua & Fairmount Passenger Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
3Cited by35 opinions
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
- Scranton Gas & Water Co. v. Scranton CitySupreme Court of Pennsylvania · 1906
- Kipp v. Davis-Daly Copper Co.Montana Supreme Court · 1910
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