Legal Opinion

Scranton Gas & Water Co. v. Delaware, Lackawanna & Western Railroad

Supreme Court of Pennsylvania

Decided June 22, 1909No. Appeal, No. 8PublishedCited by 16 opinions

Appeal, No. 8, Jan. T., 1909, by plaintiff, from decree of C. P. Lackawanna Co., March T., 1907, No. 1, dismissing bill in equity in case of Scranton Gas & Water Company v. Delaware, Lackawanna & Western Railroad Company. Bill in equity for an injunction. Before Newcomb, J. The opinion of the Supreme Court states the case. Error assigned was decree dismissing the bill.

1Opinion of the Court

Opinion by

Me. Justice Stewaet,

The Delaware, Lackawanna & Western Railroad Company, a corporation of this state, owning and operating a double-track line of railroad, and invested with right of eminent domain, instituted proceedings in the court of Lackawanna county for the condemnation of certain lands owned by the Scranton Gas and Water Company in said county. The latter company, denying the right of the former to appropriate the lands in question, filed its bill for an injunction to restrain the railroad company from entering upon and taking possession of said lands, or laying tracks, or…

2Cases cited8 opinions

  1. In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
  2. Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
  3. Windsor Glass Co. v. Carnegie Co.Supreme Court of Pennsylvania · 1903
  4. Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
  5. Gaw v. Bristol & Bridgewater RailroadSupreme Court of Pennsylvania · 1900

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3Cited by16 opinions

  1. Schenck v. PittsburghSupreme Court of Pennsylvania · 1950
  2. Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
  3. Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
  4. Pittsburgh, Allegheny & McKees Rocks Railway Co. v. Township of StoweSupreme Court of Pennsylvania · 1916
  5. East Bay Municipal Utility District v. City of LodiCalifornia Court of Appeal · 1932

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