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· 5/6/1918

Pottsville Union Traction Co. v. St. Clair Borough

Citations

  • 261 Pa. 293
  • 104 A. 602
  • 1918 Pa. LEXIS 733

Syllabus

<p>Equity — Jurisdiction — Municipalities —■ Street railways — Obstruction of trades — Preliminary injunction — Absence of immediate danger — Dissolution of injunction — Appeal — Practice, Supreme Court.</p> <p>1. An order dissolving- a preliminary injunction was not improperly entered where the evidence did not disclose any immediate or impending damage to the plaintiff, but rather an apprehension of danger.</p> <p>2. A court of equity has jurisdiction to enjoin a municipality from placing obstructions across the tracks and roadbeds of a street railway company and from otherwise interfering with the operation of the company’s cars in the municipality.</p> <p>Bellevue Borough v. Ohio Valley Water Company, 245 Pa. 114,-distinguished.</p>

Judges: Brown, Frazer, Moschzisker, Stewart, Walling

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