Ashinsky v. Levenson

Citations

• 256 Pa. 14
• 100 A. 491
• 1917 Pa. LEXIS 551

Syllabus

<p>Nuisance — Interference-with public worship — Equity—Jurisdiction — Church law — Presumption—Injunction—Decree.</p> <p>1. An injunction will lie to enjoin interference with or trespassing on property used for diviue service; as the entire value of such property consists in its free and undisturbed use and enjoyment for religious worship, no mere pecuniary damages furnish any compensation to a religious society for repeated and constant acts of trespass upon its property and temporalities.</p> <p>2. A member of a religious congregation, and a pew-holder in the church building owned by the congregation, is not authorized to enter the building and by unlawful and scandalous conduct deprive the congregation of' the use of .the property for public worship, and prevent the minister and congregation from making use of it for that purpose.</p> <p>3. There is no presumption that the laws of the church oust the jurisdiction of the civil courts to remedy such an evil, and if invoked by either side of the controversy they must be established by proof.</p> <p>4. In a suit in equity brought by a Jewish rabbi and his congregation to enjoin defendant, a member of the congregation and a pew-holder in their building, from entering into the synagogue or premises of the congregation and from insulting, molesting, approaching, accosting, or in any way speaking to the rabbi, defendant contended that the laws of the congregation and of the Jewish church ousted the jurisdiction of the civil court from remedying such injury, but offered no proof of such laws. Defendant contended also that plaintiff had an adequate remedy at law, and that equity had no jurisdiction. The lower court awarded an injunction as prayed for in the bill. Held, that an injunction was properly granted but the decree was modified by striking therefrom that part thereof enjoining defendant from insulting or molesting the rabbi near the premises of the synagogue or' in a public street.</p> <p>Equity jurisdiction — Wro