Brock Railroad v. Brookville & Mahoning Railroad

Citations

• 219 Pa. 166
• 68 A. 46
• 1907 Pa. LEXIS 623

Syllabus

<p>Railroads — Grade crossings — Equity.</p> <p>A court of equity will not continue a preliminary injunction in a suit brought by one railroad company against another railroad company to enjoin a grade crossing, where the court finds as a fact, that the plaintiff company’s .road was used only for carrying cars from a certain mine, and that this coal would be exhausted and the railroad discontinued before or about the time the defendant’s road will be built, and also that the plaintiff had leased its road to another railroad company which had agreed with the defendant company that a grade crossing should be constructed.</p>