Hall v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 194, Oct. T., 1905, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1905, No. 987, dismissing bill in equity in case of Robert C. Hall v. Pennsylvania Railroad Company. Bill in equity for an injunction. The opinion of the Supreme Court states the case. Error assigned was decree dismissing the bill.
1Opinion of the Court
Per Curiam,
That the defendant was making an unlawful use of the streets in front of appellant’s property specially injurious to him was found as a fact by the court below, and, indeed, was so clear that it was not really denied by defendant’s counsel in this court. Being thus an admitted and continuing nuisance which could only be prevented at law by repeated actions, it is remediable in equity, and where the enforcement of a clear legal right comes within the jurisdiction of equity the doctrine of the respective inconvenience or loss to the parties has no place, and the duty to give relief…
2Cases cited1 opinion
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
3Cited by3 opinions
- Kramer v. SlatterySupreme Court of Pennsylvania · 1918
- State Ex Rel. Simpson, Co. v. Chickasha Cotton Oil Co.Supreme Court of Oklahoma · 1915
- Woelpper v. Pennsylvania Water & Power Co.Supreme Court of Pennsylvania · 1915