McCabe v. Watt
Supreme Court of Pennsylvania
Appeal, No. 25, Jan. T., 1909, by defendant, from decree of C. P. Lackawanna Co., March T., 1908, No. 10, awarding a mandatory injunction in case of John McCabe et al. and the City of Carbondale v. W. W. Watt and The Finn Coal Company. Bill in equity for a mandatory injunction. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 25, Jan. T., 1909, by defendant, from decree of C. P. Lackawanna Co., March T., 1908, No. 10, awarding a mandatory injunction in case of John McCabe et al. and the City of Carbondale v. W. W. Watt and The Finn Coal Company. Bill in equity for a mandatory injunction. The facts appear by the opinion of the Supreme Court. The court in an opinion by Edwards, P. J., entered the following final decree: This cause came on to be heard at a regular term of equity court, and was argued by counsel, and upon consideration thereof, it is ordered, adjudged and decreed as follows: 1. The bill of…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
A mandatory injunction is a proper remedy in a proper case, and may lie to compel the abatement of a nuisance in some instances. No one questions the power of a court of equity to afford the relief intended to be secured by the interposition of this strong arm of the law if the facts warrant the application of such a remedy. It is an extreme remedy and should only be applied when legal rights are unlawfully invaded or legal duties are willfully or wantonly neglected. This should be the controlling thought in the mind of a chancellor in the consideration of the…
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