Williams v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 59, Jan. T., 1916, by plaintiff, from decree of C. P. Susquehanna Co., April T., 1914, No. 100, in equity, refusing an injunction, in case of John W. Williams v. The Delaware, Lackawanna and Western Railroad Company. Bill in equity for an injunction. The- opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed.
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Appeal, No. 59, Jan. T., 1916, by plaintiff, from decree of C. P. Susquehanna Co., April T., 1914, No. 100, in equity, refusing an injunction, in case of John W. Williams v. The Delaware, Lackawanna and Western Railroad Company. Bill in equity for an injunction. The- opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed. Errors assigned were in dismissing exceptions to various findings of'fact and law and the decree of the court.
1Opinion of the Court
Opinion by
Me. Justice Frazer,
Plaintiff is owner of farm land in Susquehanna County abutting on both sides of defendant’s right of way which it purchased from plaintiff’s predecessor in title in 1869. The deejl recited a consideration of $2,000 and contained a clause requiring the railroad company to “make standard grade crossing, make and maintain fences; said company to make a cattle-pass on the line of R. Ives and said Dayton (the grantor) wide enough for both farms and not to dam the water so as to stand on said Dayton’s land above the line of the railroad.” Defendant proceeded to…
2Cases cited17 opinions
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Western Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1883
- Windsor Glass Co. v. Carnegie Co.Supreme Court of Pennsylvania · 1903
- Bedford Springs Co. v. McMeenSupreme Court of Pennsylvania · 1894
- Jones v. Erie & Wyoming V. R., Pennsylvania Court of Common Pleas, Wyoming County1892
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3Cited by15 opinions
- Reeves v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1926
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
- Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925
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