North Mountain Water Supply Co. v. Troxell
Supreme Court of Pennsylvania
Appeal, No. 276, Jan. T., 1910, by defendants, from decree of C. P. Luzerne Co., Oct. T., 1908, No. 22, on bill in equity in case of North Mountain Water Supply Company v. E. R. Troxell et al. Bill in equity for an injunction. The facts are stated in the Opinion of the Supreme Court. Error assigned among others was the final decree of the court, quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We think the learned court erred in entering a final decree that “the (preliminary) injunction should stand in force to give similar relief whenever a similar emergency shall arise. ” There was no prayer in the bill for such relief and the emergency, the only ground for issuing the preliminary injunction, having passed, the bill should have been dismissed.
The plaintiff filed the bill on September 19,4908, averring, inter alia, that by reason of the extraordinary, prolonged and unprecedented drouth, extending over a period of some three months, the streams…
2Cases cited1 opinion
- North Mountain Water Supply Co. v. TroxellSupreme Court of Pennsylvania · 1909
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- Williams Township Board of Supervisors v. Williams Township Emergency Co.Commonwealth Court of Pennsylvania · 2009
- Gutteridge v. J3 Energy Group, Inc.Superior Court of Pennsylvania · 2017
- Rizzardi, R. v. Spicer, R.Superior Court of Pennsylvania · 2017