Sharon Railway Co. v. Sharpsville Railroad
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MERCER COUNTY, IN EQUITY. No. 124 October Term 1888, Sup. Ct.; court below, No. 3 September Term 1884, in Equity.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF MERCER COUNTY, IN EQUITY. No. 124 October Term 1888, Sup. Ct.; court below, No. 3 September Term 1884, in Equity. On August 12, 1884, The Sharon Railway Company filed a bill in equity against The Sharpsville Railroad Company, The Balt. & O. Railroad Co., Walter Pierce, and others, praying upon the averments therein set forth, as follows: 1. That the said defendants may be restrained from entering upon, occupying or constructing said railroad upon any of your orator’s aforesaid lands, and any lands embraced in the right of way for your orator’s…
1Opinion of the Court
Opinion,
Me. Justice Paxson :
This case is ruled by Pittsburgh Junction Railroad Company’s Appeal [ante, 511]. In that case the Junction Railroad Company sought to pass through the yard of the Allegheny Valley Railroad Company in the city of Pittsburgh, and in -doing so attempted to appropriate a strip of land 24 feet wide, between Forty-third and Forty-seventh streets. The case was referred to a master, and upon the hearing an attempt was made to change the location, upon the theory that it was a case of grade crossing. This was precisely what was done below in the case in hand.
The defendant,…
2Cases cited3 opinions
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
- Appeal of the Western Pennsylvania RailroadSupreme Court of Pennsylvania · 1882
- Northern Central Railway Company's AppealSupreme Court of Pennsylvania · 1883
3Cited by11 opinions
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- Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
- Lacey v. MontgomerySuperior Court of Pennsylvania · 1956
- Western Union Telegraph Co. v. Pennsylvania R.Court of Appeals for the Third Circuit · 1903
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