Citizens Electric Co. v. Lycoming-Edison Co.
Supreme Court of Pennsylvania
Appeal, No. 257, Jan. T., 1914, by defendant, from decree of C. P. Lycoming Co., June T., 1913, No. 1, in equity, awarding an injunction, in case of Citizens Electric Company v. Lycoming-Edison Company. Bill in equity for an injunction.- Before Whitehead, P. J. The opinion of the Supreme Court states the facts. The court awarded a mandatory injunction directing defendant to remove certain obstructions from the right of way. Defendant appealed.
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Appeal, No. 257, Jan. T., 1914, by defendant, from decree of C. P. Lycoming Co., June T., 1913, No. 1, in equity, awarding an injunction, in case of Citizens Electric Company v. Lycoming-Edison Company. Bill in equity for an injunction.- Before Whitehead, P. J. The opinion of the Supreme Court states the facts. The court awarded a mandatory injunction directing defendant to remove certain obstructions from the right of way. Defendant appealed. Error assigned, among others, was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a bill for an injunction enjoining and directing the defendant to remove obstructions from a right of way.
The predecessors in title of the parties to the suit were tenants in common of about ten acres of land lying along the West Branch of the Susquehanna river and *605now situate in the City of Williamsport, and in January, 1858, by a deed of amicable partition it was divided into two purparts. One of the purparts is now the property of the plaintiff, and the other, the property of the defendant in this suit. Prior to and at the time of the amicable…
2Cases cited4 opinions
- Schmoele v. BetzSupreme Court of Pennsylvania · 1905
- Ellis v. Academy of MusicSupreme Court of Pennsylvania · 1888
- Appeal of Hacke & HugusSupreme Court of Pennsylvania · 1882
- Citizens' Electric Co. v. DavisSuperior Court of Pennsylvania · 1910
3Cited by1 opinion
- Lycoming Edison Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1917