Legal Opinion

Western New York & Pennsylvania Railway Co. v. Buffalo, Rochester & Pittsburg Railway Co.

Supreme Court of Pennsylvania

Decided May 16, 1898No. Appeal, No. 455PublishedCited by 1 opinion

Appeal, No. 455, Jan. T., 1898, by defendant, from decree of C. P. McKean Co., June T., 1897, No. 2, in equity. Bill in equity for an injunction.

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Appeal, No. 455, Jan. T., 1898, by defendant, from decree of C. P. McKean Co., June T., 1897, No. 2, in equity. Bill in equity for an injunction. The facts appear by the opinion of Olmsted, P. J., which was as follows: The Olean, Bradford & Warren Railroad Company was incorporated on September 29,1877. It was incorporated for the purpose of constructing a railroad from Olean, in the state of New York (or the state line near Olean), by way of Bradford, to Warren, in the state of Pennsylvania. The gauge of their road was to be three feet. It was soon afterwards constructed and operated as a…

1Opinion of the Court

Per Curiam,

This appeal is from the decree of the court below restraining the defendant company from in any manner interfering with the plaintiff company in any of the matters therein specified “until final hearing or further order of court.”

We find nothing in the record that requires either a reversal or modification of the interlocutory decree; and, adhering to our usual practice in such cases as this, we express no opinion on any of the questions that are now presented, other than that necessarity implied in the affirmance of the interlocutory decree. As the case progresses to final decree,…

2Cited by1 opinion

  1. Western New York & Pennsylvania Railway Co. v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of Pennsylvania · 1899

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