Legal Opinion

Nanticoke Suburban Street Railway Co. v. People's Street Railway Co.

Supreme Court of Pennsylvania

Decided June 22, 1905No. Appeal, No. 145PublishedCited by 2 opinions

Appeal, No. 145, Jan. T., 1904, by plaintiff, from decree of C. P. Luzerne Co., May T., 1904, No. 3, dissolving preliminary injunction in case of Nanticoke Suburban Street Railway Company v. People’s Street Railway Company of Nanticoke and Newport. Bill in equity for an injunction.

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Appeal, No. 145, Jan. T., 1904, by plaintiff, from decree of C. P. Luzerne Co., May T., 1904, No. 3, dissolving preliminary injunction in case of Nanticoke Suburban Street Railway Company v. People’s Street Railway Company of Nanticoke and Newport. Bill in equity for an injunction. On a motion to continue the preliminary injunction Wheaton, J., found the following facts which were agreed to in this court: The plaintiff company was incorporated February 18, 1904, under the Act of May 14, 1889, P. L. 211, and the amendments thereto. The plaintiff company has made no attempt, as yet, to secure…

1Opinion of the Court

Opinion by

Mb. Chief Justice Mitchell,

Understanding from the agreed statement of facts that the disposal of the injunction will really decide the whole controversy and that the parties desire the case to be so disposed of, we waive our usual rule of filing no opinion in cases on preliminary hearing and proceed to consider the main question.

By the agreed statement of facts it appears that the appellant was chartered February 18,1904, that it has no municipal consent, and in fact has not yet applied for it. It has, therefore, no completed title to occupy the streets in controversy, but relies on…

2Cases cited3 opinions

  1. Homestead St. Ry. v. Pittsburg & Homestead Electric St. Ry.Supreme Court of Pennsylvania · 1895
  2. Commonwealth v. Uwchlan Street Railway Co.Supreme Court of Pennsylvania · 1902
  3. Coatesville & Downingtown Street Railway Co. v. West Chester Railway Co.Supreme Court of Pennsylvania · 1903

3Cited by2 opinions

  1. Myersdale & Salisbury Street Railway Co. v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
  2. Commonwealth v. Safe Harbor Water Power Corp., Pennsylvania Court of Common Pleas, Dauphin County1964

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