Jackson & Sharp Co. v. Philadelphia, Wilmington & Baltimore Railroad
Court of Chancery of Delaware
Bill for Injunction.—This was a bill in equity to restrain the defendant from taking up a side track which connected their railway with the works of the complainant for the manufacture of railroad cars, in the City of Wilmington. The case arose out of these circumstances : Messrs.
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Bill for Injunction.—This was a bill in equity to restrain the defendant from taking up a side track which connected their railway with the works of the complainant for the manufacture of railroad cars, in the City of Wilmington. The case arose out of these circumstances : Messrs. Jackson & Sharp, the predecessors in business of the Jackson & Sharp Company, erected the car works about the year 1863, adjacent to the railroad track in Wilmington, on the easterly side, a short distance above the crossing at Seventh street. About the time of the erection of the car works, or soon after, but…
1Opinion of the Court
The Chancellor :—
The claim made on the part of the complainants to the perpetual use of the side track in controversy as a legal right is based upon two grounds. One of these is, that the right'was acquired by contract between their predecessors, Jackson & Sharp, and the Railroad Company :—the other, that even were there, in the first instance, no contract, but only a permissive use of the track under a license, still, that the license, having been acted upon in the expenditure of large sums of money on the faith of its indefinite continuance, has become irrevocable under the doctrine of…
2Cases cited14 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Prince v. CaseSupreme Court of Connecticut · 1835
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
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3Cited by9 opinions
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Baynard v. Every Evening Printing Co.Court of Chancery of Delaware · 1910
- City of Hutchinson v. WegnerSupreme Court of Minnesota · 1923
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1896
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