Mountz v. Pittsburgh, Bessemer & Lake Erie R. R.

Citations

• 265 Pa. 67
• 108 A. 170
• 1919 Pa. LEXIS 499

Syllabus

<p>Railroads — .Eminent domain — Preliminary injunction — Franchise — Act of June 19, 1871, P. L. 1860.</p> <p>Where a railroad company having the right of eminent domain files a bond in condemnation proceedings to take land for a branch, the owner of the land is not entitled to a preliminary injunction to prevent the same, on the ground that the contemplated branch was not for a public purpose, but merely in the interest of a private coal company. In sucb. a ease, the franchise being established, the Commonwealth is the only party to restrain a fraudulent use of it.</p>