North Shore Railroad v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 152, Oct. T., 1899, by defendant, from decree of C. P. Beaver County, Sept. T., 1896, No. 5, on bill in equity. Bill in equity for an injunction. The facts are fully stated in the opinion of the Supreme Court. The court in an opinion by Wilson, P. J., entered a final decree directing the defendant company to remove the improvements which it had made on the land in dispute, and enjoining it from interfering with the plaintiff’s possession of the same.
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Appeal, No. 152, Oct. T., 1899, by defendant, from decree of C. P. Beaver County, Sept. T., 1896, No. 5, on bill in equity. Bill in equity for an injunction. The facts are fully stated in the opinion of the Supreme Court. The court in an opinion by Wilson, P. J., entered a final decree directing the defendant company to remove the improvements which it had made on the land in dispute, and enjoining it from interfering with the plaintiff’s possession of the same. Error assigned among others was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The Pittsburg, Fort Wayne and Chicago Railway Company, lessor of the Pennsylvania company, by act of February 8, 1865, was authorized, whenever it should find it to be necessary for the safety of the public, or for reasonable cause, to change the location and grade of its road in Beaver county. Acting-under this statute the Pennsylvania company, lessee, in the year 1889, resolved to change the grades and curves of its road through the borough of Rochester, and to that end procured from councils the proper ordinances authorizing the changes of location, upon certain…
2Cases cited4 opinions
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- Long's AppealSupreme Court of Pennsylvania · 1880
- Duncan v. H. & G. Iron Works, Pennsylvania Court of Common Pleas, Blair County1890
- Leininger's AppealSupreme Court of Pennsylvania · 1884
3Cited by7 opinions
- TEACHER v. KijurinaSupreme Court of Pennsylvania · 1950
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Lackawanna Ice Co. v. WeingartnerSupreme Court of Pennsylvania · 1937
- Pennsylvania Coal & Coke Co. v. JonesSuperior Court of Pennsylvania · 1906
- Rice v. RuckleSupreme Court of Pennsylvania · 1909
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