Scranton Gas & Water Co. v. Delaware, Lackawanna & Western R. R.
Supreme Court of Pennsylvania
Appeal, No. 413, Jan. T., 1912, by defendant, from decree of C. P. Lackawanna Co., in Equity, Oct. T., 1911, No. 1, making permanent a preliminary injunction in case of Scranton Gas & Water Company v. Delaware, Lackawanna & Western Raliroad Company. Bill in equity to restrain defendant from diverting the waters of a stream. Before Edwards, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 413, Jan. T., 1912, by defendant, from decree of C. P. Lackawanna Co., in Equity, Oct. T., 1911, No. 1, making permanent a preliminary injunction in case of Scranton Gas & Water Company v. Delaware, Lackawanna & Western Raliroad Company. Bill in equity to restrain defendant from diverting the waters of a stream. Before Edwards, P. J. The opinion of the Supreme Court states the facts. The court made permanent a preliminary injunction, restraining defendant from pumping the waters of the stream. Defendant appealed. Error assigned, amongst others, was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The purpose of filing this bill was to restrain defendant railroad company from diverting the waters of Roaring Brook from their natural course above No. 7 dam and making use of them for locomotives, repair shops, passenger station, freight station, round house and other general railroad purposes in the City of Scranton. The only rights the railroad company have in the waters of the stream in question are those of a riparian owner of land adjacent to Roaring Brook. We therefore agree with the learned court below that this controversy in its last analysis centers…
2Cases cited6 opinions
- Clark v. Penna. R. Co., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Pennsylvania Railroad v. MillerSupreme Court of Pennsylvania · 1886
- Boalsburg Water Co. v. State College Water Co.Supreme Court of Pennsylvania · 1913
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Griffiths v. Monongahela RailroadSupreme Court of Pennsylvania · 1911
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