Legal Opinion

Scranton Gas & Water Co. v. Northern Coal & Iron Co.

Supreme Court of Pennsylvania

Decided May 31, 1899No. Appeal, No. 150PublishedCited by 4 opinions

Appeal, No. 150, Jan. T., 1898, by plaintiff, from decree of C. P. No. 1, Lackawanna Co., June T., 1891, No. 1, on bill in equity. Bill in equity for an injunction. The facts appear by the opinion of the Supreme Court and by the opinion of Gtjnster, J., which was as follows: The very full and carefully prepared report of the learned master makes it unnecessary for us to go into a detailed discussion of all the evidence from which he has found the facts.

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Appeal, No. 150, Jan. T., 1898, by plaintiff, from decree of C. P. No. 1, Lackawanna Co., June T., 1891, No. 1, on bill in equity. Bill in equity for an injunction. The facts appear by the opinion of the Supreme Court and by the opinion of Gtjnster, J., which was as follows: The very full and carefully prepared report of the learned master makes it unnecessary for us to go into a detailed discussion of all the evidence from which he has found the facts. Indeed, under the evidence, there is little, if any, room for dispute over the material facts of the case, and only two exceptions have been…

1Opinion of the Court

Opinion by

Mb. Cheep Justice Stebbett,

In its decree, the learned court below continued the injunction theretofore awarded, as to the greater part of the lot described in the bill, and dissolved the same as to the residue of said lot. This appeal is from so much of the decree as releases said residue from the operation of the injunction.

Among other things, the bill in substance avers that under its right of eminent domain, the plaintiff company took possession of the lot forty feet front on Mechanics street by 150 feet in depth, being lot No. 2 in block 19 on the town plot of the city of…

2Cases cited4 opinions

  1. Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
  2. Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
  3. Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
  4. Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892

3Cited by4 opinions

  1. Memphis State Line Railroad v. Forest Hill Cemetery Co.Tennessee Supreme Court · 1906
  2. Delaware, Lackawanna & Western R. R. v. Stroudsburg, Water GapSupreme Court of Pennsylvania · 1927
  3. Independent Natural Gas Co. v. Butler Water Co.Supreme Court of Pennsylvania · 1904
  4. Palmerton Borough v. Palmerton Area School District, Pennsylvania Court of Common Pleas, Carbon County1961

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