Kane & Elk Railroad v. Pittsburgh & Western R. R.

Citations

• 241 Pa. 608
• 88 A. 793
• 1913 Pa. LEXIS 823

Syllabus

<p>Railroads — Grade crossing — Standard and narrow gauge railroads — Equity—Injunctions—Couris—Jurisdiction — R estraint of proceedings in another court — Practice, O. P. — Equity practice— Service of process- — Appearance—Practice, Supreme Court — Assignments of error — Exceptions.</p> <p>1. A standard gauge railway whose tracks are threatened to be crossed by the tracks of a narrow gauge railroad has a standing in equity under the first section of the Act of June 19, 1871, P. L. 1360, to question the latter’s right or franchise to widen its gauge so far as such proposed act relates to the former’s own interests, without regard to the official action of the Commonwealth.</p> <p>2. Where an injunction has been granted by a Common Pleas Court of one county to restrain a railroad company from making a grade crossing over another railroad, and the defendant railroad company then proceeds to institute proceedings in another county, under the Act of April 4, 1868, P. L. 62, for the ostensible purpose of securing connections with the railroad of the plaintiff, but, as found by the court, upon competent evidence, for the real purpose of evading the decree restraining the grade crossing, the first court which had jurisdiction of the matter may upon supplemental bill issue an injunction to restrain the defendant from proceeding further with the action in the second county.</p> <p>3. Where in such case the original bill of the plaintiff railroad company was served upon an agent of the defendant in its office in McKean County, although the proposed crossing was in Elk County, and the defendant first appeared de bene esse, and after the argument on demurrer filed an answer and admitted on the record that the defendant appeared generally, the court had jurisdiction not only of the person of the defendant but also of the subject matter of the litigation, although it was located in another county.</p> <p>4. Assignments of error which violate the equity rules in that they do not s