Pittsb. Junc. R. Co. v. Allegh. V. R. Co.
Pennsylvania Court of Common Pleas, Alleghany County
No. 224 October Term 1890, Sup. Ot.; court below, No. 454 January Term 1888, C. P. No. 2. On December 22, 1887, the Pittsburgh Junction Railroad Company filed a bill in equity against the Allegheny Yalley Railroad Company, and W. H. Barnes and John Scott, receivers thereof.
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No. 224 October Term 1890, Sup. Ot.; court below, No. 454 January Term 1888, C. P. No. 2. On December 22, 1887, the Pittsburgh Junction Railroad Company filed a bill in equity against the Allegheny Yalley Railroad Company, and W. H. Barnes and John Scott, receivers thereof. The bill averred in substance: That the plaintiff, having lawful authority to construct branches from its main line of railroad, had located a right of way for a branch railroad, twenty feet in width, along the south bank of the Allegheny river, over certain lands claimed as the property of the Allegheny Valley Railroad…
1Opinion of the Court
Opinion,
Mr. Cheep Justice Paxson :
This case is not ruled, as was urged by the learned counsel for the appellants, by Pittsb. Junc. R. Co.’s App., 122 Pa. 511; Sharon R. Co.’s App. 122 Pa. 533; and Groff’s App., 128 Pa. 621.
The case first cited was that of a grade crossing, run mad. In other words, it was an attempt, under the act of June 19, 1871, P. L. 1361, relating to grade crossings, not to make a grade crossing proper, but to occupy the yard of the Allegheny Valley Railroad Company with its tracks, to the serious injury of the rights and property of the latter company. Upon this point,…
2Cases cited3 opinions
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
- Sharon Railway Co. v. Sharpsville RailroadSupreme Court of Pennsylvania · 1888
3Cited by2 opinions
- Independent Natural Gas Co. v. Butler Water Co.Supreme Court of Pennsylvania · 1904
- National Docks & New Jersey Junction Connecting Railway Co. v. Pennsylvania RailroadSupreme Court of New Jersey · 1894