Dunmore Borough v. Scranton Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 50, Jan. T., 1907, by plaintiff, from decree of C. P. Lackawanna Co., May T., 1905, No. 6, dismissing bill in equity in case of Dunmore Borough v. Scranton Railway Company. Bill in equity for an injunction. The facts are stated in the opinion of the Superior Court. jError assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Head, J.,
Whilst the appellant asserts the irrelevancy of some of the facts found by the learned judge who heard this cause, the correctness of the findings is not challenged. Indeed we do not understand that any issue of fact has been raised by the pleadings or testimony, but the whole controversy hinges upon a pure question of law, viz.: has the defendant company, under its charter, the right to do the acts complained of in the bill? From these findings and the testimony the following statement of facts may be summarized.
The defendant company, then called the Peoples Street Railway…
2Cases cited6 opinions
- Western Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1883
- Windsor Glass Co. v. Carnegie Co.Supreme Court of Pennsylvania · 1903
- Philadelphia, Wilmington & Baltimore Railroad v. WilliamsSupreme Court of Pennsylvania · 1867
- Williamsport Pass. Ry. Co. v. WilliamsportSupreme Court of Pennsylvania · 1888
- In re the Philadelphia & Merion Railway Co.Supreme Court of Pennsylvania · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Taylor v. Erie City Passenger Railway Co.Superior Court of Pennsylvania · 1908