Zook v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 130, Jan. T., 1903, by defendants, from decree of C. P. Lancaster Co., Equity Docket No. 4, page 3, on bill in equity in suit of Emma Zook v. The Pennsylvania Railroad Company and G. Sener & Sons, W. Z. Sener and J. Fred. Sener. Bill in equity for ah injunction.
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Appeal, No. 130, Jan. T., 1903, by defendants, from decree of C. P. Lancaster Co., Equity Docket No. 4, page 3, on bill in equity in suit of Emma Zook v. The Pennsylvania Railroad Company and G. Sener & Sons, W. Z. Sener and J. Fred. Sener. Bill in equity for ah injunction. Before Landis,' J. The court found the facts to be as follows: ¡.While the facts of this case, as brought out upon the final hearing,- differ in only a few respects from those' which were ascertained by'us upon the hearing of the motion to dissolve ■the' preliminary injunction, yet, as this is the final hearing, we are…
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
The real defendants below were G. Sener & Sons. The complaint of the appellee, as set forth in her bill, is, that, under an ordinance passed by the councils of the city of Lancaster, authorizing them to lay a siding railroad track on Harrisburg avenue, in the city of Lancaster, to connect with the main line *609of the Pennsylvania railroad, they were about, without any authority so given by said ordinance, to change the grade of said Harrisburg avenue as established by law, and to lay the said track or siding in front of her property at an elevation above the grade of…
2Cases cited2 opinions
- Thompson v. ThompsonSupreme Court of Pennsylvania · 1889
- Pennsylvania Schuylkill Valley Railroad v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1894
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- Katz v. KatzSupreme Court of Pennsylvania · 1932
- Diuguid v. Bethel African Methodist Episcopal ChurchSuperior Court of Pennsylvania · 1935
- Cicchini v. Maioriello, Pennsylvania Court of Common Pleas, Philadelphia County1939