Legal Opinion

Wilson Township v. Easton Transit Co.

Supreme Court of Pennsylvania

Decided May 22, 1917No. Appeal, No. 312PublishedCited by 1 opinion

Appeal, No. 312, Jan. T., 1916, by plaintiff, from decree of C. P.Northampton Co., Sept. T., 1916, No. 6, refusing an injunction, in case of Township of Wilson v. Easton Transit Company. Bill in equity for an injunction. Before Stewart, P. J. The opinion of the Supreme Court states the facts. The court on final hearing refused the injunction. Plaintiff appealed. were in dismissing exceptions to various findings of fact and law and the decree of the court.

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Appeal, No. 312, Jan. T., 1916, by plaintiff, from decree of C. P.Northampton Co., Sept. T., 1916, No. 6, refusing an injunction, in case of Township of Wilson v. Easton Transit Company. Bill in equity for an injunction. Before Stewart, P. J. The opinion of the Supreme Court states the facts. The court on final hearing refused the injunction. Plaintiff appealed. were in dismissing exceptions to various findings of fact and law and the decree of the court. Defendant’s line of railroad having been constructed over the route covered by its charter, the rights of the company with respect to the…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This bill was filed to restrain defendant from relocating its railway in plaintiff township.

The Easton, Palmer and Bethlehem Street Railway Company (now merged in the defendant company) was chartered in 1897, and in 1898 constructed and has since operated a street railway extending westerly from Easton through the adjoining township of Palmer and thence to Bethlehem. The township gave its written consent providing, inter alia, that the railway company, “may construct and maintain its railway upon private land and private rights of way along such portions of its…

2Cases cited5 opinions

  1. Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
  2. Stewart Wire Co. v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1902
  3. Maust v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
  4. Clear Springs Water Co. v. Catasauqua BoroughSupreme Court of Pennsylvania · 1911
  5. Thomas v. HegerSupreme Court of Pennsylvania · 1896

3Cited by1 opinion

  1. Macan v. Scandinavia Belting Co.Supreme Court of Pennsylvania · 1919

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