Eastern Pennsylvania Power Co. v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Appeal, No. 97, Jan. T., 1914, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 5520 in Equity, sustaining demurrer and dismissing bill for an injunction in case of The Eastern Pennsylvania Power Company v. The Lehigh Coal and Navigation Company. Bill in equity for an injunction.
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Appeal, No. 97, Jan. T., 1914, by plaintiff, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 5520 in Equity, sustaining demurrer and dismissing bill for an injunction in case of The Eastern Pennsylvania Power Company v. The Lehigh Coal and Navigation Company. Bill in equity for an injunction. From the record it appeared that the granting clause of the agreement between the Lehigh Coal and Navigation Company and the Eastern Power Company, plaintiff’s predecessor in title, referred to in the opinion of the Supreme Court, was in part as follows: “The said, The Lehigh Coal and…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
A demurrer to the appellant’s bill was sustained in the court below on the ground, that the written document from which plaintiff would derive the right for which it asks protection against defendant’s threatened interference, does not confer the right claimed. The bill claimed for the plaintiff the right to use and employ the prescribed quantity of water it was entitled to derive from the defendant company’s canal for other purpose than the direct generation of power, and rested this claim of right on a certain article of agreement in which plaintiff and…
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