Williamson v. Gordon Heights Railway Co.
Court of Chancery of Delaware
Bill for an Injunction to restrain the defendant from building a railway across the property of the complainants. The defendant was a street railway company operating a trolley line the construction of which, under its charter, it had been required to commence, within six months, and to complete within two years, from the enactment of the charter, and its construction was completed within the time limited.
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Bill for an Injunction to restrain the defendant from building a railway across the property of the complainants. The defendant was a street railway company operating a trolley line the construction of which, under its charter, it had been required to commence, within six months, and to complete within two years, from the enactment of the charter, and its construction was completed within the time limited. By a supplement to the charter passed May 6, 1895, the company was authorized to construct and maintain a branch line of railway from any point on its line to the Delaware and Pennsylvania…
1Opinion of the Court
The Chancellor:—
The respondent operates a street railway by electricity under what is known as the “Trolley System,” from a point near the boundary line of the City of Wilmington to a point on the Delaware river near the Gordon Heights Station, on the Philadelphia, Wilmington & Baltimore Railroad; and, for *200the purpose of constructing, operating, and maintaining a branch line, it proposes to use and occupy the lands of the complainant situated in New Castle County, near the City of Wilmington, on both sides of the Wilmington and Philadelphia turnpike road, for a right of way for the said…
2Cited by3 opinions
- State v. 0.6878 ACRES OF LAND. ETC.Superior Court of Delaware · 1954
- Mississippi Power & L. Co. v. Capital Elec. Power Ass'nMississippi Supreme Court · 1969
- Coleman duPont Road, Inc. v. LasherCourt of Chancery of Delaware · 1951