Nugent v. Bowerton Mining Co.

Citations

• 263 Pa. 230
• 106 A. 112
• 1919 Pa. LEXIS 404

Syllabus

<p>Equity — Preliminary injunction — Irreparable injury — Tunnel under public street — Abutting landowner — Pending suit for damages.</p> <p>A preliminary injunction will not be issued at the suit of a landowner to restrain a mining company from using an entry or passageway to its mines under a public street, because of failure to establish irreparable injury to the plaintiff’s lands, where it appears that the company obtained permission from the township authorities to construct its entries under the surface of the street in front of the plaintiff’s land; that no mining operations have been conducted or are contemplated under the streets or within the lines of the plaintiff’s property; that there has been no subsidence of the surface at any point except upon lands owned by the company; and that an action at law brought by the plaintiff to'recover damages for the same injuries is pending and undetermined.</p>