Appeal of the Pennsylvania Lead Co.
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 50. In Equity. Bill in equity filed by Joseph P. McIntyre against the Pennsylvania Lead Company.
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Appeal from the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 50. In Equity. Bill in equity filed by Joseph P. McIntyre against the Pennsylvania Lead Company. The bill in substance alleged: 1. That complainant has owned, since April 12th 1871, a certain farm, situate in Robinson township, in Allegheny county, containing about forty-six acres. 2. That prior to the unlawful acts of the defendant complained of, the said farm was a fertile tract, and used for farming purposes. 3. That some time in the year 1873, the defendant corporation acquired a…
1Opinion of the CourtJustice Gordon
The power of the Courts of Common Pleas of Pennsylvania to entertain bills for the restraint or abatement of nuisances, where they affect private rights, is undoubted; neither is the exercise of this power prevented by the fact that the party complaining may have a remedy by indictment or by an action at law: Bunnell’s Appeal, 19 P. F. Smith 59; Dennis v. Eckhardt, 3 Grant 390. It is true, indeed, that this power is limited to those cases' where common-law forms of action do not furnish an adequate remedy, and the chancellor may also refuse to act where greater injury would’ result from an…
2Cases cited2 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Dennis v. EckhardtSupreme Court of Pennsylvania · 1861
3Cited by22 opinions
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- Bortz Coal Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1971
- Johnson v. Valvoline Oil Co. (Et Al.)Superior Court of Pennsylvania · 1938
- Krocker v. Westmoreland Planing Mill Co.Supreme Court of Pennsylvania · 1922
- Nesbit v. RiesenmanSupreme Court of Pennsylvania · 1929
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