Commonwealth v. Kennedy
Supreme Court of Pennsylvania
Appeal, No. 261, Jan. T., 1913, by plaintiff, from decree of C. P. Chester Co., In Equity, No. 547, dismissing bill in case of Commonwealth of Pennsylvania v. Charles B. Kennedy, individually and as manager of the Devon Sewage Company, Edward T. Stotesbury, individually, and Lawrence T. Paul, Edward T. Stotesbury and Herman Dereijm, Trustees, and Frank W. Paul, Edward T, Stotesbury and A. J. Drexel Paul, Executors of the Estate of James W. Paul, Jr., deceased; Herman…
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Appeal, No. 261, Jan. T., 1913, by plaintiff, from decree of C. P. Chester Co., In Equity, No. 547, dismissing bill in case of Commonwealth of Pennsylvania v. Charles B. Kennedy, individually and as manager of the Devon Sewage Company, Edward T. Stotesbury, individually, and Lawrence T. Paul, Edward T. Stotesbury and Herman Dereijm, Trustees, and Frank W. Paul, Edward T, Stotesbury and A. J. Drexel Paul, Executors of the Estate of James W. Paul, Jr., deceased; Herman Wendell, Frederick H. Treat and William T. Hunter, individually, and as president of the Devon Drainage Association, a…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The facts found by the learned chancellor abundantly establish the jurisdiction of the court to grant the injunction prayed for. Not only so, but they disclose as well a case which imperatively calls for the application of this extraordinary remedy. The finding is clear and explicit that the defendants’ sewage plant, as at present maintained, allows the escape of sewage into the Darby creek to an extent that renders the waters of the stream unfit for drinking or other domestic uses. And yet we have the legal conclusion derived by the chancellor that this…
2Cases cited3 opinions
- Commonwealth v. Pittsburgh & Connellsville RailroadSupreme Court of Pennsylvania · 1855
- Commonwealth v. YostSupreme Court of Pennsylvania · 1900
- Bunnell's AppealSupreme Court of Pennsylvania · 1871
3Cited by22 opinions
- Everett v. HarronSupreme Court of Pennsylvania · 1955
- Pennsylvania Society for the Prevention of Cruelty to Animals v. Bravo Enterprises, Inc.Supreme Court of Pennsylvania · 1968
- Commonwealth Ex Rel. Shumaker v. New York & Pennsylvania Co.Supreme Court of Pennsylvania · 1951
- Commonwealth v. Glen Alden Corp.Supreme Court of Pennsylvania · 1965
- Boggs v. WernerSupreme Court of Pennsylvania · 1953
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