Alexander v. Wilkes-Barre Anthracite Coal Co.

Citations

• 245 Pa. 28
• 91 A. 213
• 1914 Pa. LEXIS 825

Syllabus

<p>Equity — Equity jurisdiction — Nuisance—Goal mine — Working of colliery — Preliminary injunction.</p> <p>On the hearing of a bill in equity brought by the owner and occupier of a dwelling house for a preliminary injunction restraining the defendant coal company from working its colliery, located a short distance from plaintiff’s residence, it is not error for the court to refuse a preliminary injunction where the inconvenience and injury that the plaintiff alleges he has sustained and still sustains are not of a pressing character, and the result of granting the injunction would be to stop the mining operations of the defendant, throw a large number of employees out of employment, and also cause a large loss of business to the defendant company; and where it further appears that the injuries complained of had been endured for some time, and various other efforts to relieve the situation had been resorted to by the plaintiff.</p>