Legal Opinion

Farmers' Railroad v. Reno, Oil Creek & Pithole Railway Co.

Supreme Court of Pennsylvania

Decided November 14, 1866PublishedCited by 10 opinions

Appeal from the decree of the Court of Common Pleas of Venango county. In Equity. . On the 10th of J uly 1866, The Farmers’ Railroad Company of' Yenango county filed a bill setting out, that they were a corporation organized by an Act of Assembly of April 10th 1862, under the general railroad laws of this Commonwealth; that the Kersey Oil and Mineral Company, a corporation with railroad privileges, was on the 12th of February 1866, the owner of a railroad from Oil Creek up…

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Appeal from the decree of the Court of Common Pleas of Venango county. In Equity. . On the 10th of J uly 1866, The Farmers’ Railroad Company of' Yenango county filed a bill setting out, that they were a corporation organized by an Act of Assembly of April 10th 1862, under the general railroad laws of this Commonwealth; that the Kersey Oil and Mineral Company, a corporation with railroad privileges, was on the 12th of February 1866, the owner of a railroad from Oil Creek up Cherry Run to the Humboldt works, a distance of about four miles ; that the complainants had laid out and partly…

1Opinion of the Court

The opinion of the court was delivered, by

Strong, J.

We have nothing before us but the bill of the complainants, the answer of the defendants, and the affidavit of D. E. Culver on the part of the defendants. It is said other proofs were submitted on the hearing of the motion in the court below, but they have not been brought up with the record. Under such circumstances, it wrould be impossible for us to determine that there was or was not error in decreeing a preliminary injunction, if the question depended upon the proofs exhibited. But it does not in this case. The bill itself presents no…

2Cited by10 opinions

  1. Fredericks v. HuberSupreme Court of Pennsylvania · 1897
  2. Minneapolis & St. Louis Railroad v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1902
  3. Forman v. HealeyNorth Dakota Supreme Court · 1903
  4. Mahanoy Township Authority v. DraperSupreme Court of Pennsylvania · 1947
  5. Dickson v. DowsNorth Dakota Supreme Court · 1903

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