Bell v. Ohio & Penna. R. R.
Supreme Court of Pennsylvania
In Equity. — Appeal from the decree of the District Court of Allegheny county, refusing an injunction to restrain respondents from using the Allegheny commons for the purposes of their railroad. Mr. Justice Lowrie did not sit in the case.
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In Equity. — Appeal from the decree of the District Court of Allegheny county, refusing an injunction to restrain respondents from using the Allegheny commons for the purposes of their railroad. Mr. Justice Lowrie did not sit in the case. Lewis, J., and Woodward, J., concurred in refusing the injunction, and Black, C. J., and Knox, J., concurred in the opinion that the injunction should be granted. . The court being equally divided, the result is that the decree of the District Court is affirmed. The facts of the case, together with the opinion of Mr. Justice Lewis, concurred in by Mr.…
1Opinion of the Court
The following opinion was delivered
by Black, C. J.
— The defendants have laid their railroad along and across what is called the Allegheny common, and occupy for that purpose a piece of the common fifty feet wide, upon the south side of it. They have also taken another portion of the common, at the terminus of the railroad, on which they have erected a stone wall and a platform, for the receipt and delivery of freight and passengers. They deny any present intention to take still more of the common, as the bill charges, for station-houses, &c., but say that the design to do so has been…
2Cited by2 opinions
- Thomas Orr Trucking & Forwarding Co. v. Metropolitan Surety Co.Supreme Court of New Jersey · 1909
- Chism v. SchipperSupreme Court of New Jersey · 1888