Valley Railroad v. Delaware, Lackawanna & Western Railroad

Opinion by

Mr. Justice Linn,

Defendant, here called Lackawanna, appeals from an order in favor of plaintiff, here called Valley, in a declaratory judgment proceeding.

We take the following facts from the petition. Valley is a corporation created under the laws of New York for the purpose of constructing and operating a railroad in that state. Lackawanna is a Pennsylvania corporation owning and operating a railroad in Pennsylvania and also operating in New York over Valley’s road. Valley leased its road and property to Lackawanna by a long term lease made in 1869. Article 4 of the lease provided…