Legal Opinion

Commonwealth Ex Rel. Bard v. Delaware Division Canal Co.

Supreme Court of Pennsylvania

Decided May 24, 1938No. Appeal, 37PublishedCited by 5 opinions

1Opinion of the Court

Opinion

by Mr. Justice Drew,

This appeal is by the Commonwealth of Pennsylvania from the dismissal of its hill and amended hill in equity, brought ex rel. the Attorney General, against the Delaware Division Canal Company and other named defendants, for a decree of forfeiture revesting in the Commonwealth full and complete title to the Delaware Division Canal. As an alternative to this remedy, the Commonwealth, in its amended hill, asks for a decree requiring the canal company to restore the canal to navigable condition and to resume its operation as a waterway.

The Act of April 21, 1858, P. L.…

2Cases cited14 opinions

  1. Stuart v. EastonSupreme Court of the United States · 1898
  2. Rutherford Water Co. v. Harrisburg.Supreme Court of Pennsylvania · 1929
  3. Columbia Railway, Gas & Electric Co. v. South CarolinaSupreme Court of the United States · 1923
  4. Paschall v. PassmoreSupreme Court of Pennsylvania · 1851
  5. Delaware Division Canal Co. v. CommonwealthSupreme Court of Pennsylvania · 1869

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3Cited by5 opinions

  1. Edwards v. St. Louis CountySupreme Court of Missouri · 1968
  2. Howell v. Sewickley TownshipSupreme Court of Pennsylvania · 1945
  3. Sanford v. WitherspoonSuperior Court of Pennsylvania · 1940
  4. Brown v. Daft, Pennsylvania Court of Common Pleas, Franklin County1950
  5. Commonwealth v. 1900 Rittenhouse Square, Pennsylvania Court of Common Pleas, Dauphin County1952

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