Llewellyn v. Sunnyside Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 206, Oct. T., 1908, by plaintiff, from decree of C. P. Cambria Co., March T., 1908, No. 4, dismissing bill in equity in case of D. J. Llewellyn v. Sunnyside Coal Company. Bill in equity for an injunction. Before O’Connor, P. J. The opinion of the Supreme Court states the case. Error assigned was decree dismissing the bill.
1DissentJustice Elkin
For every wrong willfully committed there should be a legal remedy. The records of this and the former case show that grievous wrong has been done appellant, and although for four years he has stood upon his legal rights, stoutly defending his title and possession on the premises or in the courts, he is now told that equity is not his remedy, try an action at law. With this view of the case I do not agree. When this litigation started in 1905 appellant and his partner were in the undisputed ownership and possession of a coal lease with mining privileges, a tramway running over a triangular…
2Cases cited1 opinion
- Llewellyn v. CauffielSupreme Court of Pennsylvania · 1906