Pennsylvania Co. v. Ohio River Junction Railroad
Supreme Court of Pennsylvania
Appeal, No. 45, Oct. T., 1902, by defendant, from decree of C. P. Beaver Co., June T., 1901, No. 5, on bill in equity in case of Pennsylvania Company, Lessee of tbe Pittsburg, Youngstown & Ashtabula Railroad Company and the Pittsburg, Fort Wayne & Chicago Railway Company v. The Ohio River Junction Railroad Company. Bill in equity for an injunction.
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Appeal, No. 45, Oct. T., 1902, by defendant, from decree of C. P. Beaver Co., June T., 1901, No. 5, on bill in equity in case of Pennsylvania Company, Lessee of tbe Pittsburg, Youngstown & Ashtabula Railroad Company and the Pittsburg, Fort Wayne & Chicago Railway Company v. The Ohio River Junction Railroad Company. Bill in equity for an injunction. Wilson, P. J., filed the following opinion: The plaintiff complains that the Pittsburg, Youngstown & Ashtabula Company had caused to be surveyed, staked out and located a branch railroad from its road in the borough of New Brighton to a point near…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The Pittsburg, Youngstown & Ashtabula Railroad was incorporated under the general railroad act of 1868 ; it runs from New Brighton, Beaver county, to Ashtabula Harbor on Lake Erie, a distance of 106 miles ; it is located for the greater part on the east bank of the Beaver river. At New Brighton it connects with the Pittsburg, Fort Wayne & Chicago Railway ; both roads are leased and operated by the Pennsylvania Company, this appellee. On August 8,1898, the Pittsburg, Youngstown & Ashtabula road adopted a survey of a branch line along the east bank of the Beaver river…
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