Legal Opinion

Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.

Supreme Court of Pennsylvania

Decided April 19, 1897No. Appeals, Nos. 430 and 431PublishedCited by 7 opinions

Appeals, Nos. 430 and 431, Jan. T., 1896, by defendants, from decrees of Superior Court, affirming decrees of C. P. Lackawanna Co., Nov. T., 1894, Nos. 7 and 8, on bills in equity. Bill in equity for an injunction. The facts appear by the opinion of the Supreme Court. See also Traction Co. v. Canal Co., 1 Pa.

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Appeals, Nos. 430 and 431, Jan. T., 1896, by defendants, from decrees of Superior Court, affirming decrees of C. P. Lackawanna Co., Nov. T., 1894, Nos. 7 and 8, on bills in equity. Bill in equity for an injunction. The facts appear by the opinion of the Supreme Court. See also Traction Co. v. Canal Co., 1 Pa. Superior Ct. 409. The Superior Court affirmed the decree of the common pleas of Lackawanna county, dissolving a preliminary injunction which enjoined the plaintiff from constructing grade crossings over defendant’s road. Error assigned was decree dissolving injunction. -The traction…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

The Delaware and Hudson Canal Company, appellant, as lessee, operates a double track steam railroad between the cities of Scranton and Wilkes-Barre, on which are run about one hundred and thirty-five freight trains every twenty-four hours. Some of these trains are very long and heavy, not easily controlled or stopped when under headway. Besides the .freight, many passenger trains are run daily. Switching engines, also, run frequently over these tracks. At Moosic, in Lackawanna township, the railroad has three tracks, and a fourth is being constructed. The Lackawanna…

2Cases cited2 opinions

  1. Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
  2. Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892

3Cited by7 opinions

  1. Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
  2. Chester Traction Co. v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1898
  3. Pennsylvania Railroad v. Warren Street Railway Co.Supreme Court of Pennsylvania · 1898
  4. Bryner v. Youghiogheny Bridge Co.Supreme Court of Pennsylvania · 1899
  5. Baltimore & Ohio Railroad v. Butler Passenger Railway Co.Supreme Court of Pennsylvania · 1904

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