Citizens Electric Illuminating Co. v. Lackawanna & Wyoming Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 116, Jan. T., 1916, by defendant, from decree of C. P. Luzerne Co., Jan. T., 1916, No. 4, in equity, granting injunction in case of Citizens Electric Illuminating Company v. Lackawanna & Wyoming Valley Railroad Company. Bill in equity by an electric company to enjoin a railroad company from furnishing electricity for purposes other than its own use in Jenkins Township, Luzerne County. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 116, Jan. T., 1916, by defendant, from decree of C. P. Luzerne Co., Jan. T., 1916, No. 4, in equity, granting injunction in case of Citizens Electric Illuminating Company v. Lackawanna & Wyoming Valley Railroad Company. Bill in equity by an electric company to enjoin a railroad company from furnishing electricity for purposes other than its own use in Jenkins Township, Luzerne County. The facts appear by the opinion of the Supreme Court. The lower court granted the injunction prayed for. Defendant appealed. Error assigned, among others, was the decree of the court-
1Opinion of the Court
Opinion by
Me. Justice Stewart,
An obvious distinction between the present case and that of the Citizens’ Electric Illuminating Company v. The Lackawanna and'Wyoming Valley Power Company, 255 Pa. 145, lies in the fact that there the controversy was between two electric companies, while here it is between an electric company — the same that was complainant in that case — and a railroad company. The distinction denotes a substantial difference which makes irrelevant here some of the questions that there arose and were more or less governing, and requires here a consideration and application of…
2Cases cited3 opinions
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- Malone v. Lancaster Gas Light & Fuel Co.Supreme Court of Pennsylvania · 1897
- Citizens Electric Illuminating Co. v. Lackawanna & Wyoming Valley Power Co.Supreme Court of Pennsylvania · 1910
3Cited by19 opinions
- Commonwealth Ex Rel. Cartwright v. CartwrightSupreme Court of Pennsylvania · 1944
- Midland B. v. Steubenville, Co.Supreme Court of Pennsylvania · 1930
- Borough of Ambridge, Appel. v. P.S.C.Superior Court of Pennsylvania · 1932
- Desh's EstateSupreme Court of Pennsylvania · 1936
- Bangor Electric Company's PetitionSupreme Court of Pennsylvania · 1928
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