Pennsylvania Railroad v. Kelley
New Jersey Court of Chancery
Application for a preliminary mandatory injunction. Heard-on bill and affidavits annexed, and affidavits in reply. The bill is filed to compel defendant to tear down a certain building which is adjacent to the railway of complainant company. The bill alleges that the building is in such condition that the lives of people who travel over complainant’s railway are imperiled by the probability that the building will collapse and fall in front of. or on a passing railway train.
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Application for a preliminary mandatory injunction. Heard-on bill and affidavits annexed, and affidavits in reply. The bill is filed to compel defendant to tear down a certain building which is adjacent to the railway of complainant company. The bill alleges that the building is in such condition that the lives of people who travel over complainant’s railway are imperiled by the probability that the building will collapse and fall in front of. or on a passing railway train. A hearing has been had on the bill and annexed affidavits and affidavits filed in behalf of defendant Kelley at the…
1Opinion of the Court
Leaming, V. C.
The accepted rule in this state touching mandatory injunctions, as stated by our court of errors and appeals in Bailey v. Schnitzius, 45 N. J. Eq. (18 Stew.) 178, 184, is that a mandatory injunction “is rarely granted before final hearing or before the parties have had full opportunity to present all the facts in such manner as will enable the court to see and judge what the truth may be. It is always granted cautiously, and is strictly confined to cases where the remedy at law is plainly inadequate. A preliminary mandatory injunction will be ordered only in cases of extreme…
2Cited by9 opinions
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- Alabama Power Co. v. City of GuntersvilleSupreme Court of Alabama · 1938
- City and County of Honolulu v. CavnessHawaii Supreme Court · 1961
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