STATE EX REL. BUCKSON v. PENNSYLVANIA RAILROAD CO.


267 A.2d 455 (1969)

STATE of Delaware ex rel. David P. BUCKSON, Attorney General, Plaintiff Below, Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the Commonwealth of Pennsylvania, whose name has been changed by merger to Pennsylvania New York Central Transportation Company, a corporation of the Commonwealth of Pennsylvania, Defendant Below, Appellee.

Supreme Court of Delaware.

October 31, 1969.


Attorney(s) appearing for the Case

David P. Buckson, Atty. Gen., Dover, Ruth M. Ferrell, State Solicitor, Wilmington, William Prickett, Jr., and Rodman Ward, Jr., Sp. Deputy Attys. Gen., Wilmington, and William L. Griffin, Washington, D. C., for plaintiff below, appellant.

Blaine T. Phillips, of Potter, Anderson & Corroon, Wilmington, for defendant below, appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.


HERRMANN, Justice:

This appeal involves the title and related rights regarding a strip of land lying along the westerly or Delaware side of the Delaware River between high and low water marks, known as the foreshore, located between Edgemoor and Claymont.

The area is claimed both by the State and The Pennsylvania Railroad Company1 (hereinafter the "Railroad"). The State brought a declaratory...

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