Messner v. Railway Co.
Superior Court of Pennsylvania
Appeal, No. 28, Oct. T., 1899, by plaintiff in a suit of John Messner against the Lykens and Williams Valley Street Railway Co., from decree of C. P. Schuylkill Co., July T., 1898, No. 2, dismissing bill for injunction. Opinion by Orlady, J. Motion for preliminary injunction and rule to show cause why such injunction should not be granted.
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Appeal, No. 28, Oct. T., 1899, by plaintiff in a suit of John Messner against the Lykens and Williams Valley Street Railway Co., from decree of C. P. Schuylkill Co., July T., 1898, No. 2, dismissing bill for injunction. Opinion by Orlady, J. Motion for preliminary injunction and rule to show cause why such injunction should not be granted. The facts sufficiently appear in the opinion of the court below, as follows: The defendant company is incorporated under the act of assembly, approved May 14,1889, P. L. 211, and is authorized by its charter to build an electric street railway from the…
1Opinion of the Court
Opinion by
Orlady, J.,
The decree, entered by the court below in discharging the rule for a preliminary injunction, imposed such terms upon the defendant company as will fully secure all damages that the plaintiff has suffered in consequence of the construction and operation of the street railway on the public highway on which his property abuts.
In the light of the testimony, it is apparent that the plaintiff’s principal purpose in purchasing this property was to harass the defendant company. The case as presented is marked with such questionable methods as to prevent the plaintiff from…