Cooke v. Boynton
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EEOM THE COUET OE COMMON PLEAS OE CLEAREIELD COUNTY. No. 343 January Term 1890, Sup. Ct.; court below, No. 1 May Term 1890, C. P. in Equity.
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APPEAL BY PLAINTIEE EEOM THE COUET OE COMMON PLEAS OE CLEAREIELD COUNTY. No. 343 January Term 1890, Sup. Ct.; court below, No. 1 May Term 1890, C. P. in Equity. On February 8, 1890, John W. Cooke filed a bill in equity against A. F. Boynton, Edith B. Dill and others, praying for a preliminary injunction, to be afterwards made perpetual, restraining the defendants from interfering in any way with a certain tramway of the plaintiff, or molesting or disturbing him in his use and enjoyment of it; for damages for prior interference therewith, and for general refief. Upon the filing of the bill a…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
A preliminary injunction was issued in this case, February 8, 1890, which, after hearing, the court below dissolved on the twenty-first of the same month. This appeal was taken by the plaintiff from the order dissolving the injunction.
It is not our practice, as we have frequently stated, to file opinions in cases of this character. We shall not depart from it in this instance, so far as the merits of the case are concerned, but there is one feature about it which requires a few words of comment. It appears that the plaintiff is the lessee of certain coal…
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