Legal Opinion

Bryner v. Youghiogheny Bridge Co.

Supreme Court of Pennsylvania

Decided April 10, 1899No. Appeal, No. 101PublishedCited by 3 opinions

Appeal, No. 101, Jan. T., 1899, by defendant, from decree of C. P. Fayette Co., No. 293, in equity. Bill in equity for an injunction, to restrain the construction of a bridge.

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Appeal, No. 101, Jan. T., 1899, by defendant, from decree of C. P. Fayette Co., No. 293, in equity. Bill in equity for an injunction, to restrain the construction of a bridge. The facts were stated by Kennedy, P. J., of the 6th judicial district, specially presiding, in an opinion on a motion to dissolve a preliminary injunction, as follows: The purpose of this bill is to have the defendant enjoined or restrained from tbe construction of an abutment or approach on Main street, in the borough of Connellsville, to a new bridge proposed to be erected by it, the defendant, across tlie…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

This being an appeal from a preliminary injunction we follow the usual course, and do not discuss the merits of the controversy further than may be necessary in determining the propriety of an injunction at this stage of the case.

Two mam questions are presented, first, the right of the bridge company, appellant, to build its bridge in the location and man*625ner selected, and secondly, the standing of the plaintiffs to question the appellant’s action.

First. The original bridge was built under the authority of an Act of Assembly of March 15,1800, 3 Sm. L. 436, 6…

2Cases cited5 opinions

  1. Seabolt v. Commissioners of Northumberland CountySupreme Court of Pennsylvania · 1898
  2. Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
  3. Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
  4. Pittsburg & Connellsville Railroad v. South-west Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1875
  5. Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1897

3Cited by3 opinions

  1. Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
  2. Chew v. City of PhiladelphiaSupreme Court of Pennsylvania · 1917
  3. Philadelphia & Baltimore Central Railroad v. Upper Darby TownshipSupreme Court of Pennsylvania · 1902

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