Stewart Wire Co. v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Appeal, No. 270, Jan. T., 1902, by plaintiff, from decree of C. P. Northampton County, April T.; 1901, No. 1, dismissing bill in equity in case of Stewart Wire Company v. Lehigh Coal & Navigation Company and the Easton Power Company of Pennsylvania. Bill in equity for an injunction.
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Appeal, No. 270, Jan. T., 1902, by plaintiff, from decree of C. P. Northampton County, April T.; 1901, No. 1, dismissing bill in equity in case of Stewart Wire Company v. Lehigh Coal & Navigation Company and the Easton Power Company of Pennsylvania. Bill in equity for an injunction. From the record it appeared that the Stewart Wire Company, the plaintiff, and the Easton Power Company had both been granted the right to use the water of a canal owned by the Lehigh Coal & Navigation Company. The plaintiff was a manufacturing corporation, but at the time the bill was filed it was practically out…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The bill in this case was properly dismissed by the court below, but we do not approve what seems to have been the controlling reason in doing so; for the doctrine of “ the balancing of conveniences ” was not involved. Other and fundamental reasons existed why the relief asked for should not have been granted. The sixteenth finding of fact, found at the request of the Lehigh Coal & Navigation Company, was as follows: “ The testimony warrants the court in finding that the business of the plaintiffs was destroyed by combinations long before the grant to the power…
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