Kittanning Brewing Co. v. American Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 43, Oct. T., 1909, by defendant, from decree of C. P. Armstrong Co., Dec. T., 1908, No. 263, continuing preliminary injunction in case of The Kit-tanning Brewing Company v. American Natural Gas Company and The Kittanning Consolidated Natural Gas Company. Motion to continue preliminary injunction. Before Patton, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 43, Oct. T., 1909, by defendant, from decree of C. P. Armstrong Co., Dec. T., 1908, No. 263, continuing preliminary injunction in case of The Kit-tanning Brewing Company v. American Natural Gas Company and The Kittanning Consolidated Natural Gas Company. Motion to continue preliminary injunction. Before Patton, P. J. The opinion of the Supreme Court states the case. Error assigned was in continuing preliminary injunction without giving defendant an opportunity of being heard.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On November 30, 1908, without notice to the appellant, a preliminary injunction was awarded by the court below, restraining it from shutting off a supply of gas to the appellee. Five days afterwards, on December 5, on the hearing of the motion to continue the injunction, the appellee, after offering some documentary evidence, called four witnesses, and, upon announcing its case closed, the appellant offered to produce testimony in answer to that submitted by the appellee, but the offer was refused, on the ground, as it appears from the court’s ruling, that at that…
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