Commonwealth v. Franklin Canal Co.
Supreme Court of Pennsylvania
This was a proceeding in the name of the Commonwealth, on a bill signed by the Attorney-General, and presented to the Supreme Court at Pittsburgh, on October 11, 1852. A motion was made for a special injunction to issue to the Eranklin Canal Company, and on the 16th October, counsel appearing for the company, the Court ordered the motion for a special injunction to stand over for hearing at Philadelphia, on the 2d Monday of December following.
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This was a proceeding in the name of the Commonwealth, on a bill signed by the Attorney-General, and presented to the Supreme Court at Pittsburgh, on October 11, 1852. A motion was made for a special injunction to issue to the Eranklin Canal Company, and on the 16th October, counsel appearing for the company, the Court ordered the motion for a special injunction to stand over for hearing at Philadelphia, on the 2d Monday of December following. In the bill an injunction was asked against the construction and use of the railroad constructing by the Eranklin Canal Company, extending from the…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
— The Franklin Canal Company was incorporated by the legislature, on the 27th April, 1844, for the purpose of reconstructing and repairing the Franklin Division of the Pennsylvania Canal, from the aqueduct over French Creek to the mouth of French Creek. By the act of incorporation the proprietary rights of the state to that division of the canal was vested in the company, together with the surplus water-power, toll-houses, implements, and all property, real and personal, which the Commonwealth owned there for the use of the canal. On the…
2Cited by6 opinions
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- Pennsylvania Railroad v. Philadelphia CountySupreme Court of Pennsylvania · 1908
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