Commonwealth v. Pittsburgh & Connellsville Railroad
Supreme Court of Pennsylvania
Bill in equity in tlie Supreme Court, and motion for a preliminary injunction. The bill charged that the defendants were partially filling up one of the locks at the outlet of the state canal at Pittsburgh, and casting an arch over it in such a manner as entirely to obstruct the use of it, and prayed for injunction to prevent them.
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Bill in equity in tlie Supreme Court, and motion for a preliminary injunction. The bill charged that the defendants were partially filling up one of the locks at the outlet of the state canal at Pittsburgh, and casting an arch over it in such a manner as entirely to obstruct the use of it, and prayed for injunction to prevent them. The defendants admitted that they were doing so in the construction of their road, and urged as an excuse that that portion of the canal had never been of any valuable use to the state, and that for many years it had lain in a condition of utter abandonment and…
1Opinion of the Court
The opinion of the Court was delivered, March 12, 1855, by
Lowrie, J.
The boldness of this act seems almost like a studied test of the vigilance of the canal commissioners, and of the efficiency of the remedies which the state has provided for the prevention of injuries. It is hoped that the equity remedy, being somewhat unusual and peremptory in its character, will not be applied to an act which does so little real injury.
But writs of capias, replevin, foreign and domestic attachment, estrepement, prohibition, and habeas corpus, are quite as efficient and peremptory in their form, and most of…
2Cases cited5 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Barrow v. RichardNew York Court of Chancery · 1840
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Attorney General v. Cohoes Co.New York Court of Chancery · 1836
- Jarden v. Philadelphia, Wilmington & Baltimore Rail RoadSupreme Court of Pennsylvania · 1838
3Cited by24 opinions
- Philadelphia Ball Club, Ltd. v. LajoieSupreme Court of Pennsylvania · 1902
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Schmaltz v. York Manufacturing Co.Supreme Court of Pennsylvania · 1902
- Wind v. HerbertCalifornia Court of Appeal · 1960
- Territory v. Long Bell Lumber Co.Supreme Court of Oklahoma · 1908
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