Patterson v. Scranton etc. R.

Citations

• 129 Pa. 109
• 18 A. 563
• 1889 Pa. LEXIS 933

Syllabus

<p>1. On the hearing of a motion for an injunction to restrain a railroad company from constructing its roadbed over land claimed by the plaintiff, if the plaintiff’s proofs show neither title nor possession in him, but the defendant’s proofs show both title and possession in the company, the injunction should be refused.</p> <p>2. An owner of land on the east side of a river is not entitled to an injunction to restrain a railroad company from building a retaining wall on the west side, where the proofs neither define the plaintiff’s riparian rights, nor show that the wall will impede or deflect the flow of the water.</p>