Delaware & Hudson Co. v. Olyphant Borough
Supreme Court of Pennsylvania
Appeal, No. 368, Jan. T., 1908, by-defendant, from decree of C. P. Lackawanna Co., Sept. T., 1908, No. 32, awarding a preliminary injunction in case of Delaware & Hudson Company v. Olyphant Borough. Bill in equity for an injunction.
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Appeal, No. 368, Jan. T., 1908, by-defendant, from decree of C. P. Lackawanna Co., Sept. T., 1908, No. 32, awarding a preliminary injunction in case of Delaware & Hudson Company v. Olyphant Borough. Bill in equity for an injunction. Newcomb, J., found the material facts to be as follows: 7. It is not disputed that the plaintiff and its immediate predecessor in title have since 1858 held, and been engaged in mining, the coal under the Pierce warranty tract in the township of Blakely — now the borough of Olyphant — together with surface rights exercised in connection with the mining operations;…
1Opinion of the Court
Per Curiam,
The appeal is from a decree awarding a preliminary injunction restraining the defendant from interfering with the plaintiff in the exercise of a right acquired by grant from the owner of the fee, to use the surface in mining and removing coal. As pointedly stated by the learned judge who heard the case: “The right which it asserts here is the' right to the use and enjoyment of certain of its land and tenements in accordance with the terms and purposes of the grant under which they are held. The injury which it seeks to prevent is the taking of some part of the property for public…
2Cited by7 opinions
- Borough of Sunbury v. Sunbury & Susquehanna Railway Co.Supreme Court of Pennsylvania · 1913
- Winston v. LadnerSupreme Court of Pennsylvania · 1919
- Armiger v. LewinCourt of Appeals of Maryland · 1958
- City of Philadelphia v. District Council 33Supreme Court of Pennsylvania · 1990
- Cannon v. WickhamSupreme Court of Pennsylvania · 1913
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