Easton Pass. Ry. Co. v. City of Easton
Pennsylvania Court of Common Pleas, Northampton County
Nos. 9 and 319 January Term 1890, Sup. Ct.; court below, No. 1 August Term 1889, C. P. in Equity. On July 1, 1889, the Easton, South Easton and West End Passenger Bailway Company filed a bill in equity against the city of Easton and others, officers and members of the highway department of said city, praying for an injunction to restrain the defendants from obstructing, taking up, removing or otherwise interfering with tbe plaintiff’s railway track on South Third street in…
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Nos. 9 and 319 January Term 1890, Sup. Ct.; court below, No. 1 August Term 1889, C. P. in Equity. On July 1, 1889, the Easton, South Easton and West End Passenger Bailway Company filed a bill in equity against the city of Easton and others, officers and members of the highway department of said city, praying for an injunction to restrain the defendants from obstructing, taking up, removing or otherwise interfering with tbe plaintiff’s railway track on South Third street in the city of Easton or elsewhere, and from in anywise obstructing or interfering with the exercise of the plaintiff’s…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson :
It is conceded that the appellant company is a corporation chartered by act of assembly in 1866, and that it has the right, under its charter, to occupy any of the streets of Easton and South Easton with its road ; that said company has constructed, and has for many years maintained, a railroad upon Third street, in Easton, for the purpose of carrying passengers over the same; that there is nothing in its charter which prescribes the kind of rail to be used; that when originally constructed, in 1867, the flat rail was laid, and that the same was used…
2Cases cited2 opinions
- Klingler v. BickelSupreme Court of Pennsylvania · 1887
- City of New Castle v. RaneySupreme Court of Pennsylvania · 1890
3Cited by23 opinions
- Jones v. Securities & Exchange CommissionSupreme Court of the United States · 1936
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- Fredericks v. HuberSupreme Court of Pennsylvania · 1897
- Bellows v. EricsonSupreme Court of Minnesota · 1951
- Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
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