Baltimore & Ohio Railroad v. Butler Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 139, Oct. T., 1903, by plaintiffs, from decree of C. P. Butler Co., Dec T., 1902, No. 5, on bill in equity in case of Baltimore & Ohio Railroad Company, operating the Pittsburg and Western Railroad, and the Pittsburg & Western Railroad Company v. The Butler Passenger Railway Company. Bill in equity to enjoin a grade crossing. Before GalBKEATH, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 139, Oct. T., 1903, by plaintiffs, from decree of C. P. Butler Co., Dec T., 1902, No. 5, on bill in equity in case of Baltimore & Ohio Railroad Company, operating the Pittsburg and Western Railroad, and the Pittsburg & Western Railroad Company v. The Butler Passenger Railway Company. Bill in equity to enjoin a grade crossing. Before GalBKEATH, P. J. The facts are stated in the opinion of the Supreme Court. The court entered the following decree: And now, to wit: August 15,1903, this cause came on to be heard at this term, and was argued by counsel, and upon consideration thereof,…
1Opinion of the Court
Opinion by
Mb. Justice Mestbbzat,
The Pittsburg & Western Railroad Company owns and operates, through its lessee and co-plaintiff, the Baltimore & Ohio Railroad Company, a railroad from Allegheny City, Pa., to Foxburg, Pa. The road, which has been in operation about twenty years, passes north and south through the borough of Butler and crosses at grade and almost at right angles Center avenue, one of the principal and much traveled streets of the borough. Of the three tracks that cross the avenue, one is used as the main line while the other two are used for switching purposes. The passenger…
2Cases cited7 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
- Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
- Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1897
- Chester Traction Co. v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1898
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