Delaware & Hudson Co. v. Olyphant Borough

Citations

• 224 Pa. 387
• 73 A. 458
• 1909 Pa. LEXIS 802

Syllabus

<p>Equity — Injunction—Preliminary injunction — Appeal.</p> <p>1. On an appeal from a decree awarding or refusing a preliminary injunction, the appellate court does not consider the merits of the case, except to determine whether there was reasonable ground for the action of the court.</p> <p>Equity — Injunction—Mines and mining — Surface rights — Plot of streets.</p> <p>2. Where an owner of coal leases the same with a right of way over the surface for mining purposes, and thereafter lays out a plan of lots with streets which are subsequently adopted by a borough as public streets, the borough has no right under the ordinance adopting the streets, to interfere with the owner of the coal in its enjoyment of the right of way, and if it attempts to do so it will be restrained by an injunction.</p>