McConahy v. Western Allegheny Railroad

Citations

• 31 Pa. Super. 215
• 1906 Pa. Super. LEXIS 193

Syllabus

<p>, Equity — Trespass—Injunction—Evidence.</p> <p>A court of equity will restrain by injunction the commission of a trespass which by reason of its character or the persistency with which it is repeated will become or threatens to become of a permanent nature.</p> <p>On a bill in equity to restrain a continuing trespass, it is not incumbent upon the complainant to set forth in his bill the evidence upon which he relies to show that the trespass was committed on his land. Such evidence is admissible at the trial, although not set forth in the bill.</p> <p>■ Appeals — Assignments of error — Practice, S. C.</p> <p>An assignment of error which sets forth two distinct orders of court is in' violation of the rules of court.</p> <p>An assignment of error which avers error in granting an injunction is insufficient if it does not set forth the decree itself.</p>