Delaware, Lackawanna & Western R. R. v. Stroudsburg, Water Gap

Opinion by

Mr. Justice Schaffer,

Plaintiff railroad company filed this bill in equity against defendant street railway company asking an injunction against the latter forbidding the condemnation by it of land belonging to plaintiff claimed to be part of its right-of-way essential and necessary to the operation of its railroad. The chancellor enjoined the appropriation of part of the land but refused to interfere with the taking of another part. From the decree so disposing of the controversy both parties have appealed.

In the year 1911 the railroad company, which was the owner in fee of the…