Dempster v. United Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 199, Oct. T., 1902, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1902, No. 755, dismissing bill in equity in case of Alexander Dempster v. United Traction Company et al. Bill in equity for an injunction.
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Appeal, No. 199, Oct. T., 1902, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1902, No. 755, dismissing bill in equity in case of Alexander Dempster v. United Traction Company et al. Bill in equity for an injunction. Before Shafeb, J. Shafeb, J., found the facts to be as follows : 1. Plaintiff is the owner in fee of certain property in the township of North Versailles, having a front of 707 feet on one side and 545 feet on the other side of a public road in said township. The defendants are a traction company and a street railway company, which has leased all its property…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The defendant is a street railway corporation organized under the general acts of 1887 and 1889; it obtained the consent of the commissioners of North Versailles township to run on a public road in the township leading from Wilmerding to Walls station. The township is one of the “ first class ” under the Act of April 28, 1899, P. L. 104. In laying out the route of its railway it adopted the township road mentioned; this takes it on and over the road through plaintiff’s land which abuts on the road 707 feet on one side and 545 feet on the other; he objected to it…
2Cases cited5 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
- Sterling's AppealSupreme Court of Pennsylvania · 1886
- Hannum v. Media, Middletown, Aston & Chester Electric Railway Co.Supreme Court of Pennsylvania · 1901
- Borough of Little MeadowsSupreme Court of Pennsylvania · 1857
3Cited by15 opinions
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- Duquesne Light Co. v. DuffSupreme Court of Pennsylvania · 1916
- Trevorton Water Supply Co. v. Zerbe TownshipSupreme Court of Pennsylvania · 1917
- Lower Merion Township v. Postal Telegraph Cable Co.Superior Court of Pennsylvania · 1904
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