Edwards v. Pittsburg Junction Railroad
Supreme Court of Pennsylvania
Appeal, No. 177, Oct. T., 1905, by plaintiff, from decree of O. P. No. 2, Allegheny Co., Oct. T., 1908, No. 185, dismissing bill in equity in case of Eliza Thaw Edwards v. Pittsburg Junction Railroad Company. Bill in equity for an injunction.
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Appeal, No. 177, Oct. T., 1905, by plaintiff, from decree of O. P. No. 2, Allegheny Co., Oct. T., 1908, No. 185, dismissing bill in equity in case of Eliza Thaw Edwards v. Pittsburg Junction Railroad Company. Bill in equity for an injunction. The plaintiff, who was the owner of a tract of land in the city of Pittsburg, containing about eight acres on which was erected a three-story brick mansion house, occupied continuously for thirty years by the plaintiff and her family, complained that the defendant company entered into the city of Pittsburg with its railroad adjacent to the plaintiff’s…
1Opinion of the Court
Opinion by
Mr. Ciiiee Justice Mitchell,
The substantial question in this case is one of remedy. On the admitted facts it is beyond dispute that the defendant is acting without legal authority. It entered upon and occupied with its tracks the streets adjacent to the plaintiff’s property by the consent of the councils of the city of Pittsburg expressed in an ordinance passed November 30, 1881. The consent as shown by the ordinance was given on the clearly expressed and continuing conditions, inter alia, “ that the said *602company shall not use the steam whistle as a signal ” and “ that bituminous…
2Cases cited6 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- White v. Borough of McKeesportSupreme Court of Pennsylvania · 1882
- Pennsylvania Railroad Co.'s AppealSupreme Court of Pennsylvania · 1886
- Hannum v. Media, Middletown, Aston & Chester Electric Railway Co.Supreme Court of Pennsylvania · 1901
- Germantown Passenger Ry. Co. v. Citizens Passenger Ry. Co.Supreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
- Riley v. Pennsylvania Co.Superior Court of Pennsylvania · 1907
- Arbour v. Pittsburg Produce Trade Ass'nSuperior Court of Pennsylvania · 1910
- Philadelphia Community Cable Coalition Ass'n v. Telesystems Corp.Supreme Court of Pennsylvania · 1975
2 more not listed; retrieve them via the Exa API.