The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-23
March 20, 1887, with all the rights, pow
or. ana nri.,iIonor under said act

March go, 1887, with all the rights, pow
ers and privileges under said act.
That by virtue of its charter the COM
p~lainant company leased the property
and franchises of the Olyphant ana
Winton Traction Street Railway COM
pany, Incorporated January "a. 1883. to
| construct, maintain. n operate a rail-
way for the public use by electric motor
| power, and entered into an agreement
with the said ELEPHANT and Winton
Traction Street Railway company to
construct, complete and operate sald
road, part of the route OF which Is stu
| ated in the borough of Throop, Lacka-
wanna county, Pa.
Borough Authorities Consented.
That the local authorities of said bor-
| ough on October II, 1895, duly consented
to h construction OF a passenger rail-
way in said borough and that in pur-
| suance of It's letters, patent and the con-
| sent of the said local authorities. the
| complainant company Il proceeded to
construct It's lines of railway, its track
conforming to the grade of h ground
upon which its route is laid Gown.
That to enjoy the franchises granted
and acquired and to perform its duty
to the public to Construct, operate and
maintain q passenger railway company
it is absolutely essential that 1t should
lay and construct its lire Of tracks on
it's route leading from the city Of Scran-
ton to and through the borough or
Throop.
That the respondent Is n corporation
doing business in Pennsylvania II has
heretofore constructed It's track. being a
branch or coal road, II not its main
line. across said route leading from
Scranton to and through the borough Of
Throop and that said track Is on Il level
with the grade OF aid route.
That the complainant company is low
complying with the laws and constitu-
ton of this commonwealth and with all
the oniigationS contained iii the consent
of the local authorities of II borough
Of Throop, granting the right to con-
strUct and operate said railway in the
borough.
That the complainant company has
proceeded TO construct it's line of rail-
way over and across the tracks of the
respondent Mt said point and the de-
PENDANT company by its agents and m
ployes Illegally obstructed and inter
fered with the construction of It's rail-
way at said crossing and threatens TO
prevent the complainant company o
crossing the said tracks.
Cannot De Crossed Any Other Way.
That it is impracticable If not impos-
sible to cross said tracks in any other
manner than at grade by reason OF the
topography OF the country and that UNI
less the respondent company be re-
strained from thus unlawfully Interior
ing with and delaying the rights Of the
complainant, 1t will suffer great ana
%irreparable loss and damage.
The plaintiff therefore prays, that the
Delaware, LaCkawanna ana western
Railroad company be restrained by in
junction from in any way interfering
with the Lackawanna Valley Traction
company in laying its tracks over n
across the tracks Of the Delaware,
I.ackawanna and Western Railroad
company at the points above set forth.
And that the plaintiff may have such
other and further relief as 1t Is ehtitieu
to that to the court may seem meet.