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D. L. & W.R.R. CO. v. SHUMAN

382 Pa. 452 (1955)

Delaware, Lackawanna & Western Railroad Company, Appellant, v. Shuman.

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

G.W. Morgan and R.S. Hemingway, for appellant.

E. Eugene Eves and Smith & Eves, for appellees.

Before STERN, C.J. STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE CHIDSEY, June 27, 1955:

This case arises out of a complaint in equity filed by The Delaware, Lackawanna & Western Railroad Company to enjoin the use of a crossing over its right-of-way.

In 1862, the Lackawanna and Bloomsburg Railroad Company, which was subsequently merged into The Delaware, Lackawanna & Western Railroad Company, condemned land in Columbia County owned by appellees' predecessors...

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