Spink v. Philadelphia Hydro-Electric Co.
Supreme Court of Pennsylvania
Appeal, No. 405, Jan. T., 1913, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., June Term, 1913, No. 3837, in equity, sustaining demurrer in case of William Spink v. Philadelphia HydroElectric Company, a corporation, and the President, Managers and Company of the Schuylkill Navigation Company, a corporation. Proceeding in equity for an injunction.
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Appeal, No. 405, Jan. T., 1913, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., June Term, 1913, No. 3837, in equity, sustaining demurrer in case of William Spink v. Philadelphia HydroElectric Company, a corporation, and the President, Managers and Company of the Schuylkill Navigation Company, a corporation. Proceeding in equity for an injunction. Before Martin, P. J. The facts appear in the opinion of the Supreme Court and in Spink v. Schuylkill Navigation Co., 240 Pa. 619. The plaintiff, inter alia, averred in his bill that the primary purpose for which the navigation company…
1Opinion of the Court
Opinion by
Mr. Justice Stewabt,
The issue sought to be raised by this proceeding is identical in every material respect with that presented and adjudicated in Spink v. Schuylkill Navigation Co., 240 Pa. 619, and notwithstanding in this proceeding the Philadelphia Hydro-Electric Company has been brought in as a codefendant, the real parties to the issue are the same. In that case we distinctly held that nothing that had occurred between the appellant and the navigation company subsequent to the date of the grant from the latter to the former had in any way enlarged the terms of that grant; that…
2Cases cited3 opinions
- Buck Mountain Coal Co. v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1864
- Saylor v. Pennsylvania Canal Co.Supreme Court of Pennsylvania · 1897
- Spink v. Schuylkill Navigation Co.Supreme Court of Pennsylvania · 1913
3Cited by1 opinion
- Reading Co. v. SpinkSupreme Court of Pennsylvania · 1919