Wilmington City Railway Co. v. Wilmington & Brandywine Springs Railway Co.
Court of Chancery of Delaware
Injunction Bill.—The complainant was a street railway company owning and operating its railway by electricity over many miles of streets of the City of Wilmington.
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Injunction Bill.—The complainant was a street railway company owning and operating its railway by electricity over many miles of streets of the City of Wilmington. Under its original charter, passed February 4, 1864, it claimed the exclusive right and privilege of constructing and maintaining street railways in Wilmington, and on this ground it sought to restrain the respondent, which had been chartered by the Legislature to construct and operate an electric railway partly within and partly without the City of Wilmington, from constructing and operating its proposed line within the city…
1Opinion of the Court
The Chancellor:—
The bill in this cause was filed November 24, 1899, and in addition to the usual prayers for answer, subpoenas and further relief, prays as follows:
“That the said respondent, its successors, officers employes, workmen, contractors, agents, deputies, and attorneys, maybe restrained by the injunction of this Honorable Court from locating, constructing, operating, or maintaining a city railway within the city limits of the city of Wilmington; from cutting, tearing up, or removing the tracks of your orator, or any portion thereof; from hindering or delaying the operation of the…
2Cases cited29 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Sinking-Fund CasesSupreme Court of the United States · 1879
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Union Pacific Railroad v. United StatesSupreme Court of the United States · 1878
- Greenwood v. Freight Co.Supreme Court of the United States · 1882
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3Cited by3 opinions
- Brooks v. StateSupreme Court of Delaware · 1911
- State ex rel. Smith v. Duluth Street Railway Co.Supreme Court of Minnesota · 1915
- Coleman duPont Road, Inc. v. LasherCourt of Chancery of Delaware · 1951