Provost v. Davidowitz

Citations

• 69 Pa. Super. 429
• 1918 Pa. Super. LEXIS 101

Syllabus

<p>Equity — Injunction — Preliminary injunction — Obstruction of alleyway.</p> <p>Where on a bill in equity to restrain the erection of a permanent structure over a portion of a fifteen-foot alley, it appears from the title papers that the plaintiff is entitled from his deeds to the right to use a passageway fifteen feet wide, it is error for the court, after having granted a preliminary injunction, to modify the decree so as to permit the defendant to continue the erection of a building over the alley. In such a case the preliminary injunction should have been continued until the final hearing, inasmuch as it is the province of a preliminary injunction to preserve the status quo.</p>