Western New York & Pennsylvania Railway Co. v. Buffalo, Rochester & Pittsburg Railway Co.

Supreme Court of Pennsylvania May 16, 1898

Western New York & Pennsylvania Railway Co. v. Buffalo, Rochester & Pittsburg Railway Co., 186 Pa. 212 (Pa. 1898)

40 A. 1135; 1898 Pa. LEXIS 983

Fell, Green, McCollum, Mitchell, Sterrett

Opinion of the Court

Per Curiam,

This appeal is from the decree of the court below restraining the defendant company from in any manner interfering with the plaintiff company in any of the matters therein specified “until final hearing or further order of court.”

We find nothing in the record that requires either a reversal or modification of the interlocutory decree; and, adhering to our usual practice in such cases as this, we express no opinion on any of the questions that are now presented, other than that necessarity implied in the affirmance of the interlocutory decree. As the case progresses to final decree, other questions may arise and become important factors in the final decision of the cause.

Decree affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name: The Western New York and Pennsylvania Railway Company v. Buffalo, Rochester & Pittsburg Railway Company
Cited By: 1 case
Status: Published
Syllabus: Railroads — Grossings—Equity—Preliminary injunction. A railroad company was incorporated to construct a railroad with a three feet gauge. Subsequently it granted to another railroad company the right to cross its tracks. Some years after this agreement was made ií consolidated with a third company, and the consolidated company sought to widen the gauge from three feet to four feet eight inches. The company to which the right of crossing had been granted resisted the attempt to widen the gauge and the consolidated company thereupon filed a bill for an injunction. Held, that a preliminary injunction should be continued, restraining the defendant from interfering with the widening of the gauge until final hearing.