Penna. Schuylkill Val. R. R. v. P. & R. R. R. Co.

Supreme Court of Pennsylvania October 3, 1892

Penna. Schuylkill Val. R. R. v. P. & R. R. R. Co., 151 Pa. 402 (Pa. 1892)

24 A. 1086; 1892 Pa. LEXIS 1445

Green, McCollum, Mitchell, Paxson, Stebbett, Sterrett

Opinion of the Court

Opinion bx

Mb. Justice Stebbett,

We are not satisfied there was any error in making the interlocutory order from which this appeal was taken. The controlling question in the case cannot be properly disposed of until final hearing on bill, answer and proofs. In the meantime, no irreparable mischief can be done to defendants.

Decree affirmed and appeal dismissed, with costs to be paid by appellants, without prejudice to the rights of said appellants as they may appear on final hearing. .

Reference

Full Case Name: Penna. Schuylkill Val. R. R. Co. v. P. & R. R. R. Co.
Status: Published
Syllabus: Bailroads—Crossings—Injunction—Act of April 19, 1871. Plaintiff, a railroad company, located a branch extending from its main line across defendants’ railroad to two manufacturing establishments. Having condemned the necessary land and begun active work, plaintiff filed a bill asking for an injunction to restrain defendants from obstructing the construction of the grade crossing. The court refused a preliminary injunction, but allowed plaintiff, on filing a bond to secure defendants from loss, “to construct a temporary crossing tobe used only for construction purposes.” Held, that, as the Supreme Court was not satisfied that there was error in such decree, and as no irreparable mischief could be done to defendants until the case could be disposed of on final hearing, the decree would not be disturbed.