Jacquelin v. Erie Railroad
New Jersey Court of Chancery
On motion for preliminary injunction. Heard on bill and affidavits and answering affidavits. The bill in this suit was filed on the 30th of March, 190'5. In it the complainant Jacquelin sets out that, beginning with the year 1903, he has invested in property, in what is now the borough of Orvil, an aggregate of $40,000; that the borough of Orvil was formed during the month of March, 1905; that the purpose of the complainant Jacquelin in buying the property aforesaid was to…
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On motion for preliminary injunction. Heard on bill and affidavits and answering affidavits. The bill in this suit was filed on the 30th of March, 190'5. In it the complainant Jacquelin sets out that, beginning with the year 1903, he has invested in property, in what is now the borough of Orvil, an aggregate of $40,000; that the borough of Orvil was formed during the month of March, 1905; that the purpose of the complainant Jacquelin in buying the property aforesaid was to make for himself a permanent residence, and that he has many acquaintances who have indicated their intention of…
1Opinion of the Court
Garrison, Y. C.
The precise question which is raised upon 'this motion is whether a court of equity in New Jersey should grant a preliminary injunction requiring- a railroad company to continue to furnish railroad facilities at a station which the company desires to abandon, there being no charter or statutory requirement with respect thereto.
There is no provision in the charter under which the defendant company is operating this part of its road which makes it a duty of the company to establish or maintain this or any other station.
My attention has not been directed to any provision of our…
2Cases cited25 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- In Re LennonSupreme Court of the United States · 1897
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
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3Cited by2 opinions
- Horton v. Southern Railway Co.Supreme Court of Alabama · 1911
- Delaware, Lackawanna & Western Railroad v. Board of Public Utility CommissionersSupreme Court of New Jersey · 1912