Cumberland Valley Railroad v. Harrisburg & Mechanicsburg Street Railway Co.

Citations

• 186 Pa. 91
• 40 A. 1132
• 1898 Pa. LEXIS 963

Syllabus

<p>Equity — Injunction—Attachment.</p> <p>Where a street railway company has been directed by an injunction order to remove its tracks from across the right of way of a steam railroad company, the company enjoined cannot be heard, in attachment proceedings to enforce the order, to aver that its tracks were laid in the bed of a public highway, whore that question was raised in the proceedings to obtain the injunction, and the injunction was based upon the finding of fact by the court that the street railway tracks were not laid in a public highway crossing the railway tracks.</p>