Citizens Passenger Ry. v. East Harrisburg Passenger Ry.

Supreme Court of Pennsylvania
Citizens Passenger Ry. v. East Harrisburg Passenger Ry., 161 Pa. 121 (Pa. 1894)
35 W.N.C. 12; 29 A. 502; 1894 Pa. LEXIS 647
Dean, Fell, Gbeen, McCollum, Mitchell, Stebbett, Williams

Citizens Passenger Ry. v. East Harrisburg Passenger Ry.

Opinion of the Court

Per Curiam,

This appeal having been regularly taken by defendant company from the decree of the court below, without any special order of said court, and recognizance in the sum of $8,000, conditioned to prosecute said appeal with effect, etc., having been given by appellant and approved by said court, we are of opinion that said appeal operates as a supersedeas of all proceedings by plaintiff company under and by virtue of said decree.

It is therefore ordered and decreed that the stay of proceedings, heretofore ordered by this court, be and the same is hereby continued until the final determination of said appeal.

Reference

Cited By
6 cases
Status
Published
Syllabus
Appeals — Supersedeas—Railroads—Grossings. Where an appeal has been regularly taken from a decree of the court of common pleas, regulating the crossing of one railroad by another, without any special order of the lower court, and recognizance conditioned to prosecute the appeal with effect has been given by appellant, and approved by the court, the appeal operates as a supersedeas of all proceedings by the plaintiff company.