Legal Opinion

Muller v. Philadelphia & Easton Electric Ry. Co.

Pennsylvania Court of Common Pleas, Bucks County

Decided August 25, 1922No. 3Published

1Opinion of the Court

Swartz, P. J.,

38th judicial district, specially presiding, The plaintiff alleges that the defendant railway company is locating and constructing its tracks along the east side of the highway upon which his properties abut, and that such location and construction are without notice to him and without any authority of law. He asks for a restraining order.

The defendants answer that the proposed construction was ordered by the Public Service Commission in abolishing grade crossings, and in the lawful exercise of its powers; that the plaintiff is not entitled to the injunction prayed for.

Findings…

2Cases cited8 opinions

  1. Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
  2. Fogelsville & Trexlertown Electric Co. v. Pennsylvania Power & Light Co.Supreme Court of Pennsylvania · 1921
  3. Bellevue Borough v. Ohio Valley Water Co.Supreme Court of Pennsylvania · 1914
  4. In re Road in South Abington TownshipSupreme Court of Pennsylvania · 1885
  5. City of Erie v. Public Service CommissionSuperior Court of Pennsylvania · 1920

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