Sharon Borough v. Pennsylvania Co.
Superior Court of Pennsylvania
Appeal, No. 138, April T., 1910, by defendant, from decree of C. P. Mercer Co., Jan. T., 1906, No. 3, on bill in equity in case of Sharon Borough v. Pennsylvania Company. Bill in equity for an injunction. Before Williams, P. J. The opinion of the Superior Court states the facts.
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Appeal, No. 138, April T., 1910, by defendant, from decree of C. P. Mercer Co., Jan. T., 1906, No. 3, on bill in equity in case of Sharon Borough v. Pennsylvania Company. Bill in equity for an injunction. Before Williams, P. J. The opinion of the Superior Court states the facts. The court entered the following decree: And now, December 6, 1909, this cause came on to be further heard at this term, and was argued by counsel; and thereupon, upon consideration thereof, it was ordered, adjudged and decreed as follows: That the Pennsylvania Company shall, on or before February 1, 1910, submit plans…
1Opinion of the Court
Opinion by
Head, J.,
The bill filed by the plaintiff borough complains that the defendant company has so constructed its line across one of the public streets of the said borough as to totally obstruct and impede the public travel thereon. -Against the relief prayed for the defendant interposes several distinct lines of defense.
1. It is first contended that Franklin street, referred to *529in the bill, never was a public street of the said borough. The report of the referee to whom the case was first sent, in this respect adopted by the learned trial court, effectually disposes of this contention…
2Cases cited5 opinions
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- City of Pittsburg v. Epping-Carpenter Co.Supreme Court of Pennsylvania · 1900
- Bradford v. New York & Pennsylvania Telephone & Telegraph Co.Supreme Court of Pennsylvania · 1903
- Kopf v. UtterSupreme Court of Pennsylvania · 1882
- Dubbs v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
3Cited by4 opinions
- Pittsburgh v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1919
- Wensel v. North Versailles TownshipSuperior Court of Pennsylvania · 1939
- Commonwealth v. Philadelphia & Reading Coal & Iron Co., Pennsylvania Court of Common Pleas, Philadelphia County1944
- Mechanicsburg Borough v. GraySuperior Court of Pennsylvania · 1915