Commonwealth v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 43 Jan. T., 1906, by defendant, from decree of C. P. Monroe Co., Dec. T., 1905, No. 3, on bill in equity in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. Delaware, Lackawanna & Western Railroad Company. Bill in equity for an injunction.
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Appeal, No. 43 Jan. T., 1906, by defendant, from decree of C. P. Monroe Co., Dec. T., 1905, No. 3, on bill in equity in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. Delaware, Lackawanna & Western Railroad Company. Bill in equity for an injunction. Before Staples, P. J. The court after finding the facts found the following conclusions of law: 1. It was the duty of the defendant railroad company upon appropriating and occupying the original road through the Delaware Water Gap and changing the site thereof, to reconstruct the same in as favorable a location and hi as…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchelb,
The learned judge below found the facts clearly and discussed and applied the law correctly, but owing to the wide range of the argument before him, at greater length and in more detail than is now necessary, as the essential facts are few and not really in dispute.
*152In 1803, by proper proceedings in the quarter sessions of Northampton county which then included the locus of the present controversy, a public road was laid out through the gorge of the Delaware Water Gap. This road was opened and continued to be used by the public until some time between 1853…
2Cases cited4 opinions
- Jones v. Erie & Wyoming V. R., Pennsylvania Court of Common Pleas, Wyoming County1892
- Furniss v. FurnissSupreme Court of Pennsylvania · 1857
- Commonwealth v. MarshallSupreme Court of Pennsylvania · 1890
- Snow v. Deerfield TownshipSupreme Court of Pennsylvania · 1875
3Cited by4 opinions
- Luzerne Township v. Monongahela Railways Co.Supreme Court of Pennsylvania · 1931
- Township of Sugar Creek v. Erie Railway Co.Supreme Court of Pennsylvania · 1914
- Port Vue Borough v. Pittsburgh, &c., Railroad, Pennsylvania Court of Common Pleas, Alleghany County1928
- Commonwealth v. Bessemer & Lake Erie RailroadSuperior Court of Pennsylvania · 1908