Audenried v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
At Harrisburg, May 23d 1870. Before Thompson, C. J., Agnew and Sharswood, JJ. Appeal from tbe decree at Nisi Prius: In Equity: No. 60, to January Term 1870. Tbe bill was filed by Lewis Audenried, Addison Child, and others, trading as Lewis Audenried & Co., against Tbe Philadelphia and Reading Railroad Company.
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At Harrisburg, May 23d 1870. Before Thompson, C. J., Agnew and Sharswood, JJ. Appeal from tbe decree at Nisi Prius: In Equity: No. 60, to January Term 1870. Tbe bill was filed by Lewis Audenried, Addison Child, and others, trading as Lewis Audenried & Co., against Tbe Philadelphia and Reading Railroad Company. Tbe bill set out amongst other things that tbe defendants were owners of railroads from tbe Schuylkill coal regions used for transporting coal to tbe river Delaware, for shipment to places outside of tbe state of Pennsylvania, affording tbe only access from some of tbe collieries to tbe…
1Opinion of the Court
The opinion of the court was delivered by
Sharswood, J.
There are two kinds of injunctions in courts of equity. The one is preliminary or interlocutory; the other final or perpetual. The object of the first in general is simply preventive — to maintain things in the condition in which they are at the time until the rights and equities of the parties can be considered and determined after a full examination and hearing. A preliminary injunction is never awarded, except when the rights or equity of the plaintiff are clear, at least supposing the facts of which he gives primfi facie evidence to be…
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- Grove Press Inc. v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1969
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