Dilworth's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, oí Allegheny county: Of October and November Term 1878, No. 278. In Equity. Rill in equity, filed by Crawford Robinson and forty-seven others, against C. R. Dilworth and others, to restrain said Dilworth from erecting a powder magazine upon his lot of ground in Penn township, Allegheny county. The case was referred to a master, who recommended that an injunction should be refused and the bill dismissed.
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Appeal from the Court of Common Pleas, No. 2, oí Allegheny county: Of October and November Term 1878, No. 278. In Equity. Rill in equity, filed by Crawford Robinson and forty-seven others, against C. R. Dilworth and others, to restrain said Dilworth from erecting a powder magazine upon his lot of ground in Penn township, Allegheny county. The case was referred to a master, who recommended that an injunction should be refused and the bill dismissed. The facts are set forth in the opinion of this court. The court below, Ewing, P. J., issued an injunction pro forma, in an opinion, inter alia,…
1Opinion of the CourtJustice Trunkey
Adhering to the principles, in the fulness of their spirit, so well expressed in Wier’s Appeal, 24 P. F. Smith 230, they need not be repeated in the same or different phrase. Nor will we quote at length from the opinions in Richards’s Appeal, 7 Id. 105; Rhodes v. Dunbar, Id. 274, and Huckenstine’s Appeal, 20 Id. 102, to show the many things a chancellor must consider when called on to strike down a lawful business, necessary to be carried on for the public weal. Ut often becomes a grave question whether so great an injury would not be done to the community by enjoining the business, that the…
2Cited by9 opinions
- Pennsylvania Co. v. Sun Co.Supreme Court of Pennsylvania · 1927
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- Huebschmann v. Grand CompanyCourt of Appeals of Maryland · 1934
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