180 Pa. 432 | Pa. | 1897
Opinion by
This is a proceeding to obtain a decree allowing the plaintiff companies to cross the defendant’s railway at grade in the city of Chester, and is one of considerable consequence both to the
The decree and proceedings had in this cause under the rule of the said court adopted May 4, 1896, are now set aside, and the record remitted to the court below with direction that all proceedings hereafter taken shall be in accordance with the equity rules adopted by this court.
The depositions of sick, aged, absent or away-going witnesses taken as such, will not be affected by this order. Either party might have applied to us for a mandamus in this case, but neither chose to do so. We therefore direct that each party pay its own costs incurred since the ease was put at issue, and that the costs made prior thereto abide the further order of the court to be made on final hearing.