Pike County press. (Milford, Pa.) 1895-1925, 1900-03-23
THE INJUNCTION CONTINUED.

ana wyoming Valley Railroad Co.
against the Erie. This is proceed
ing by bill by the plaintiff to re-
strain the defendant from interfering
with plttfs use for railroad purposes,
or otherwise, of a strip of land for
merly the water way Of that portion
of the d. & II. canal which extended
from Hawley to Lackawaxen with
10 feet i'm width on each side of said
canal and to compel the removal by
defendant of all the material deposit
edand placed by it on said land ON
or after Nov. 2l, 1899.
CONCLUSIONS OF LAW.
1. AT the time of conveyance of
the canal property by the Cornell
Steamboat Co. to the pltff the canal
was not parallel or competing line
with pltfls railroad within the mean
ing of section atr II of the constitu-
tion of Pa.
?. The Plt'f corporation acquired
no right by virture of its purchase
from the Cornell Co. either to contin-
ne She operation of the canal or to
construct and operate a railroad
thereon.
3. SO far as the plaintiff corpora
tion has authority to locate the pro-
posed line of railroad from Hawley to
the state line at Lackawaxen it has
taken the requisite legal steps so to do.
4. The plaintiffs proposed railroad
from Hawley to LackawaXen is not a
branch within the purview of section
8 of the act of April 4, 1868.
.. The plt'ff corporation has no
authority in law to construct the pro-
posed railroad from Hawley to Lack
awaken.
6. The plt'ff acquired no title to,
or right in the land in question by rea-
son of its acts in locating and adopt
ing the route from Hawley to the
state line for railroad purposes.
7. At the time of the acts by the
defendent of which plt'ff complains
the plt'f had possession of the land
upon which these acts were commit
ted under a paper title coming from
the ID. q II. Canal Co. the former
owner.
8. The right of the ID. & ii. Co. to
transfer the land involved in issue to
the Cornell Co. and the authority OF
the latter company to transfer same
to plt'ff cannot be questioned by the
defendant corporation in this case.
8. The deft corporation had nc
lawful right either to fill the canal
basin and its railroad bridges or tC
construct the railroad track which il
built about Nov. 26, 1899 across the
canal west of the bridge.
10. With regard to the operations
of the defendent in filling the cana
: beneath the railroad bridge the plt'f
has an adequate remedy at law.
IL. The defendent should be re-
| duerd to remove from the land il
; question the railroad switch construc
ted by it after the injunction order
was issued, and should be enjoineC
from any further act upon on abou
. fna IonJ In ot,ootiot, until II hoe oo
= quired legal rights to the premises.
9 II. The defendant should pay tn,
cost of this proceeding.
ORDER AND DECREE.
= This case having been heard on bill
answer, replication, evidence and ar
y gument of counsel after due consider
o alton of the questions involved in tn
issue: Now March 10, 1900 it is or
y dered, adjudged and decreed that tn
e preliminary injunction heretofor
g awarded be and same is amended o
= modified 50 as to enioin and restrain
the defendent the Erie r. r. Co., it
= agents, servants and employees from
depositing material ofany kind upon
and from any interference with tn
y land known as the ID. Il II. Canal Co
situate in the County of Pike, ant
/. it is further ordered that the salt
!. Erie r. r.. Co. within 10 days from
t the time it is served with a copy 0
e this order, remove from the land o
e said pltf the railpOad switch o
track, and all material cOnnecte'
: with the construction thereof whiel
was built by it or its employees on o
about Nov. 26, 1899 across said cana
and its land in the vicinity of Lack
AWAKEN in Pike county.
4 This order and decree however j
not to be construed to prohibit @
a preclude said defendent from takin
q any legal steps devised by it to az
quire any of said lands or any right
"a thereto or therein by virtue of tn
= power of eminent domain or othe
a lawful means either with respect t
its present line Of railroad or with II
a gard to any branch or other railrOa
, which it may desire to construct.
And this order and decree is not I
be construed topreclude the plt'ff froI
, recovering in common law actio
kI,o Iaf,,Ionf f,.r. a -. 10