Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.
Superior Court of Pennsylvania
Appeals Nos. 1 and 2, Jan.T., 1896, from the decrees of C. P. Lackawanna Co., Nov. T., 1894, No. 7, granting an injunction to restrain defendants, The Delaware & Hudson Canal Co., from interfering with the construction of street railway tracks of plaintiff, the Scranton & Pittston Co., across tracks of defendants’ railroad at grade, and Nov.
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Appeals Nos. 1 and 2, Jan.T., 1896, from the decrees of C. P. Lackawanna Co., Nov. T., 1894, No. 7, granting an injunction to restrain defendants, The Delaware & Hudson Canal Co., from interfering with the construction of street railway tracks of plaintiff, the Scranton & Pittston Co., across tracks of defendants’ railroad at grade, and Nov. T., 1894, No. 8, dismissing a bill for injunction to restrain defendants, The Lackawanna Street Railway Co. and the Scranton & Pittston Traction Co., from interfering with the railroad tracks of plaintiffs and from crossing at grade the tracks of…
1Opinion of the Court
Opinion by
Reeder, J.,
These two cases were heard and disposed of together and were so argued before this court upon appeal.
The primary question for our consideration is whether the *412traction company has a legal right to lay its tracks upon a public township road ?
The act of 23d of May, 1878, P. L. Ill, provided for the construction, maintaining and operating of street railways. The 16th section declares that “ no street passenger railway shall be constructed within the limits of any city, borough, or township without the consent of the local authorities.” No power of eminent domain was…
2Cases cited16 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
- Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
11 more not listed; retrieve them via the Exa API.
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