McKinney v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 35, Oct. T., 1908, by plaintiffs, from decree of G. P. No. 1, Allegheny Co., March Term, 1907, No. 922, dismissing bill in equity in case of Catharine McKinney et al. v. The Pennsylvania Railroad Company. Bill in equity for an injunction. Before Carnahan, J., specially presiding. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This bill was filed to enjoin the appellee from closing an alleged private grade crossing. The court below in its findings of fact none of which are excepted to by the appellants, goes back to the situation in the lifetime of William McKinney, their grandfather, who, in 1850, conveyed to the appellee a strip of land four rods in width for the construction of its railroad. Over this strip there was at that time a private road laid out by McKinney, and, after the construction of the railroad, it was kept open with the consent of the appellee for his use as a means of…
2Cited by4 opinions
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- Recco v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1944
- Brehm v. State Roads CommissionCourt of Appeals of Maryland · 1939
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