McGonigle v. St. Clair Coal Co.
Superior Court of Pennsylvania
Appeal, No. 335, Oct. T., 1920, by plaintiffs, from decree of C. P. Schuylkill County, March T., 1918, No. 2, Sitting in Equity, dismissing preliminary injunction in the case of James McGonigle, for himself and in behalf of Bridget McKernan, Edward McGonigle, Sophia McNulty, Mary Donnelly and William McGonigle, v. The St. Clair Coal Company. Bill in equity to restrain the diversion of the waters of a stream.
Read the full summary
Appeal, No. 335, Oct. T., 1920, by plaintiffs, from decree of C. P. Schuylkill County, March T., 1918, No. 2, Sitting in Equity, dismissing preliminary injunction in the case of James McGonigle, for himself and in behalf of Bridget McKernan, Edward McGonigle, Sophia McNulty, Mary Donnelly and William McGonigle, v. The St. Clair Coal Company. Bill in equity to restrain the diversion of the waters of a stream. Before Berger, J. The facts are stated in the opinion of the Superior Court, and in the report of the same case in 71 Pa. Superior Ct. 480. The court dissolved the preliminary injunction.…
1Opinion of the Court
Opinion by
Head, J.,
It is true that when this case was formerly before this court (71 Pa. Superior Ct. 480), but a single question *136was decided. That question, however, involving as it did a challenge to the equity jurisdiction of the court below, necessarily demanded at the hands of that court an ascertainment of the material and controlling facts in the case. The learned chancellor correctly understood his duties in that respect, and made detailed findings of the important facts established by the testimony produced at the hearing. To the facts thus ascertained he applied what he regarded as…
2Cases cited1 opinion
- McGonigle v. Saint Clair Coal Co.Superior Court of Pennsylvania · 1919
3Cited by1 opinion
- Belin v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1972