Tussey v. Clark
Superior Court of Pennsylvania
Appeals, No. 182, Oct. T., 1910, by defendant, from decree of C. P. Blair Co., Equity No. 697, Equity Docket “D,” awarding mandatory injunction and attachment for contempt in case of Samuel C. Tussey v. I. M. Clark, Albert Smith and John Henry, Supervisors of Blair Township, and Amos Birch, Road-master. Bill in equity for an injunction. Before Shull, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeals, No. 182, Oct. T., 1910, by defendant, from decree of C. P. Blair Co., Equity No. 697, Equity Docket “D,” awarding mandatory injunction and attachment for contempt in case of Samuel C. Tussey v. I. M. Clark, Albert Smith and John Henry, Supervisors of Blair Township, and Amos Birch, Road-master. Bill in equity for an injunction. Before Shull, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Errors assigned were the decrees quoted in full in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff, on June 17, 1909, filed a bill in equity against the defendants, three of whom were supervisors and the fourth, a roadmaster of the township, praying for an injunction to restrain the defendants from constructing a ditch along a public highway in the township in such a way as to cause the water flowing along the said ditch to be discharged onto the meadow land of the plaintiff at a place where it had not theretofore flowed. The prayers of the bill were (1) “that the defendants be enjoined and restrained from completing the construction of the ditch or…
2Cases cited8 opinions
- Fredericks v. HuberSupreme Court of Pennsylvania · 1897
- Audenried v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1871
- Cooke v. BoyntonSupreme Court of Pennsylvania · 1890
- New York Printing & Dying Establishment v. FitchNew York Court of Chancery · 1830
- Farmers' Railroad v. Reno, Oil Creek & Pithole Railway Co.Supreme Court of Pennsylvania · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rochester Building & Loan Ass'n v. Beaver Valley Water Co.Superior Court of Pennsylvania · 1917
- Leisenring v. Pennsylvania Lighting Co.Superior Court of Pennsylvania · 1915
- Smith v. HenrySuperior Court of Pennsylvania · 1917