Olyphant Borough v. Delaware & Hudson Co.
Supreme Court of Pennsylvania
Appeal, No. 282, Jan. T., 1908, by plaintiff, from decree of C. P. Lackawanna Co., Nov. T., 1906, No. 1, dissolving preliminary injunction in case of Olyphant Borough v. Delaware & Hudson Company. Bill in equity for an injunction. Before Newcomb, J. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dissolving preliminary injunction.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The complaint of the borough of Olyphant is that the court below refused to enjoin the appellee from laying additional railroad tracks across Dunmore, Moosic and Bell streets — public highways within the municipal limits. By the Act of March 24, 1870, P. L. 554, the appellee, whose corporate title at that time was “The president, managers and company of the Delaware and Hudson Canal Company,” was authorized to locate and construct a railroad from a point in the town of Olyphant, in Luzerne county, to the city of Carbondale, in the same county. The second section of…
2Cases cited4 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. WilliamsSupreme Court of Pennsylvania · 1867
- New York & Erie Railroad v. YoungSupreme Court of Pennsylvania · 1859
- Commonwealth v. New York, L. E. & W. R. Co.Supreme Court of Pennsylvania · 1889
- Northern Coal & Iron Co. v. Wilkes-BarreSupreme Court of Pennsylvania · 1907
3Cited by1 opinion
- Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925