Damon v. Balt. & Phil. R.
Supreme Court of Pennsylvania
APPEAL FROM DECREE OF THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, IN EQUITY. No. 156 January Term 1887, Sup. Ct.; court below, No. 1 March Term 1885, C. P. in equity.
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APPEAL FROM DECREE OF THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, IN EQUITY. No. 156 January Term 1887, Sup. Ct.; court below, No. 1 March Term 1885, C. P. in equity. On December 15, 1884, a bill in equity was filed by Albert F. Damon against the Baltimore and Philadelphia R. Co., averring the ownership by the plaintiff of a country-seat in Darby township, the threatened invasion of the same by the defendant company, with irreparable injury to the plaintiff, praying for a preliminary injunction until hearing and perpetual injunction thereafter. The preliminary injunction moved for was…
1Opinion of the Court
Opinion,
Mr. Justice Green:
It may be gravely questioned whether it is within the lawful power of the judiciary department of the government to depart from the plain letter of a statute which is free from ambiguity. As a general rule of course it cannot be, and is not done. When the words employed have a meaning, in legal contemplation, which is broader than the ordinary meaning, there is at least some justification for adopting the larger meaning where it is necessary in order to subserve the plain ends of justice. Acting upon this principle we did, in the case of Swift and Given’s Appeal, 111…
2Cases cited1 opinion
- Swift & Given's AppealSupreme Court of Pennsylvania · 1886
3Cited by4 opinions
- Pfeiffer v. General Insurance CorporationDistrict Court, N.D. California · 1960
- Lyle v. McKeesport R.Supreme Court of Pennsylvania · 1890
- Huck v. LemieuxLouisiana Court of Appeal · 1920
- Westside Electric Street Ry. Co. v. West Penn Power Co., Pennsylvania Court of Common Pleas, Washington County1926