3 Walker 454
Decided July 15, 1882
Supreme Court of Pennsylvania · decided 1882-07-15
In Equity. The Pennsylvania Railroad Company filed a bill in equity against the Somerset and Cambria Railroad Company, alleging that it had purchased from the State a branch of a canal running southeastwardly from Johnstown to a point on Stony Creek,- three miles distant, known as the “Stony Creek Feeder.” That defendant had trespassed upon said feeder, and was constructing a railroad thereon. The Pennsylvania Railroad Company claimed: 1.
Decided 1882-07-15
¶1The Supreme Court affirmed the decree of the Common. Pleas on February 28th, 1881, in the following opinion,
¶2Without giving any opinion on the merits of the controversy, we are of opinion that the refusal of the preliminary injunction in this case was the proper exercise of the sound discretion of the Court below.
¶3Decree affirmed and appeal dismissed at the costs of the' appellants.