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MAYOR & COUNCIL OF LAUREL v. DELAWARE RAILROAD CO.

154 A.2d 762 (1959)

MAYOR AND COUNCIL OF LAUREL, a municipal corporation of the State of Delaware, Plaintiff, v. DELAWARE RAILROAD COMPANY, a corporation of the State of Delaware, and Pennsylvania Railroad Company, a corporation of the State of Pennsylvania, Defendants.

Court of Chancery of Delaware, Sussex.

September 14, 1959.

Attorney(s) appearing for the Case

Daniel J. Layton, Sr., Georgetown, for plaintiff.

Jackson Raysor, of Tunnell & Raysor, Georgetown, for defendants.

SEITZ, Chancellor.

This is an action for a mandatory injunction brought by the Mayor and Council of Laurel, a municipal corporation of the State of Delaware ("plaintiff"), to compel defendant Delaware Railroad Company ("Delaware") and/or defendant, Pennsylvania Railroad Company, to construct a suitable crossing over the line of the railroad at Tenth Street in the Town of Laurel. Delaware is lessor and the Pennsylvania Railroad Company is lessee of the property involved...

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