Delaware, Lackawanna & Western Railroad v. Town of Morristown

Mr. Justice Brandéis,

concurring in part.

I agree that the decree of the Circuit Court of Appeals, directing a dismissal of the Railroad’s bill, should be reversed. But I think that the decree of the District Court requires serious modification. That decree ordered among other things, “ that the Town of Morristown, do desist and refrain, and is hereby forever restrained and enjoined bjr the attempted enforcement of said ordinance or other'wise, from in any manner interfering with or hindering or obstructing the complainant, the Delaware, Lackawanna & Western Railroad Company, in the occupation,…