Citizens Electric Co. v. Lycoming-Edison Co.

Citations

• 248 Pa. 603
• 94 A. 241
• 1915 Pa. LEXIS 623

Syllabus

<p>Equity — Easements—Obstruction of right of way — Trespass— Recovery of judgment — Bill for injunction — Res adjudicata.</p> <p>Where in a suit in equity to compel defendant to remove a railroad embankment which it had built across a right of way claimed by plaintiff it appeared that in an action of trespass against defendant’s grantor, for maintaining the obstruction complained of, plaintiff had recovered a judgment and that such obstruction had been maintained by defendant in the same condition as at the time of the commencement of such action of trespass, the right of the plaintiff and the violation thereof by defendant were res adjudicata and a decree awarding the relief prayed for was proper.</p>