Mayor of Laurel v. Delaware Railroad

Seitz, Chancellor:

This is an action for a mandatory injunction brought by the Mayor and Council of Laurel, a municipal corporation *499of the State of Delaware (“plaintiff”), to compel defendant Delaware Railroad Company (“Delaware”) and/or defendant, Pennsylvania Railroad Company, to construct a suitable crossing over the line of the railroad at Tenth Street in the Town of Laurel. Delaware is lessor and the Pennsylvania Railroad Company is lessee of the property involved. Plaintiff relies upon a provision in Delaware’s charter as the basis for this action. .

Tenth Street in Laurel has existed as…