Gaw v. Bristol & Bridgewater Railroad

Citations

• 196 Pa. 442
• 46 A. 372
• 1900 Pa. LEXIS 537

Syllabus

<p>-Electric railBailroads — Location—Injunction—Act of April 4, 1868-~é)a/y — Act of June 19, 1871.</p> <p>Where a railroad company regularly incorporated under the act of April 4, 1868, locates its road over private land parallel to a turnpike road' ¡ nd between the termini of two passenger railway eompa'nies, the court will not enjoin the construction of the railroad because of an alleged intent to evade a former decree of the court by which the construction of a passenger railway on the turnpike road between the two termini was enjoined, where the evidence does not sustain the allegation of an intent to evade the former decree.</p> <p>Where a railroad company appears to be proceeding regularly to possess itself, of its roadbed by virtue of power- conferred upon it by the act of assembly under which it was incorporated, in the absence of proof that its action was taken for the purpose of evading and defeating a former decree of the court or to do some illegal act, equity cannot interfere with the exercise of the statutory rights which it possesses.</p>