Mory v. Oley Valley Railway Co.

Citations

• 199 Pa. 152
• 48 A. 971
• 1901 Pa. LEXIS 574

Syllabus

<p>Street railways—Railroads—Company organized under general railroad act of April 4, 1868, P. L. 62—Remedy under Act of June 19, 1871, P. L. 1361.</p> <p>On a bill.in equity filed by an owner of property abutting on a borough street to restrain the construction of a street railway thereon, the court will under the Act of June 19, 1871, P. L. 1361, award a preliminary injunction where the record shows that the company sought to be enjoined was organized under the general railroad act of April 4, 1868, that the borough ■passed an ordinance granting leave to the company to lay a track on the street to be operated by electricity, and to erect poles and trolley wires, provided that no coal or freight cars be allowed to pass over said route, and that the company accepted the ordinance, and proposed to erect poles and wires on the street. In such a case it is immaterial that the company denies in its answer that it proposes to operate a street passenger railway.</p>