Taylor v. Sauer
Taylor v. Sauer
Opinion of the Court
Opinion by
That a preliminary injunction may be made mandatory is shown by many authorities: Cooke v. Boynton, 135 Pa. 102; Black Lick Mfg. Co. v. Gas Co., 139 Pa. 448; Fredericks v. Huber, 180 Pa. 572; Whiteman v. Gas Co., 27 W. N. C. 205; Liggett v. Kaufman, 17 Pa. Superior Ct. 631; Washington Boro. v. Steiner, 19 Pa. Superior Ct. 498; Whitecar v. Michenor, 37 N. J. Eq. 6; Broome v. Telephone Co., 42 N. J. Eq. 141; Toledo, etc., Ry. Co. v. Penna. Co., 54 Fed. Repr. 730; Central Trust Co. v. Moran, 56 Minn. 188; Van Zile, Equity, sec. 401. The writ is only granted where the right is clear; where irreparable injury is likely to result or where the status quo between the parties should be restored. This status was said in Fredericks v. Huber, 180 Pa. 572, to be the last actual, peaceable, uncontested status which preceded the controversy. The practice in many instances of anticipating the action of courts of equity and acquiring a position of advantage against the rights of innocent parties rendered it necessary that the rule as to mandatory injunctions be extended to apply to such cases in order that the courts might not seem to reward wrongdoers who were diligent. If the defendants here are within the class referred to, the action of the court was in accord with the principle stated. That the plaintiff was in peaceable possession of the premises occupied by him and that all of the windows of the tenement which he occupied fronting on Broad street were practically closed up is clearly established. It is likewise shown that the act of the defendants was without any pretense of right. It was not alleged in the answer filed nor in the testimony of the defendants at the preliminary hearing that they had any legal warrant for closing up these windows. Their conduct was, therefore, inexcusable. Its effect was to exclude light and air from the plaintiff's home and to shut off his view along the street. An important part of his right of view was the opportunity to observe the numerous exhibitions and parades which constituted the chief features of the celebration held in the city that week. The comfort and enjoyment of the plaintiff and his family were greatly impaired if not destroyed and the injury thus received was of a kind which could not adequately be compensated in damages. It
It is said that one of the parties really interested in the stand
The specifications of error are overruled and the appeal dismissed at the cost of the appellants.
Reference
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- Equity — Mandatory injunction — Preliminary hearing — Temporary stand — Obstruction of light and view — Parades—Parties. 1. A preliminary injunction may be made mandatory, but the writ is only granted where the right is clear, where irreparable injury is likely to result or where the status quo between the parties should be restored. Such status is the last actual, peaceable, uncontested status which preceded the controversy. 2. Where the plaintiff in a bill in equity occupies with his family the second story front rooms of a building facing with its windows on a street upon which there are to be a number of parades and exhibitions for a period extending over a week, such person is entitled to a mandatory injunction to compel the immediate removal of the upper portions of a stand obstructing his view, erected without his consent and against his express orders in his absence, although with the consent of the occupant of the first floor. 3. A decree on a bill in equity will not be reversed because of the omission of a party in interest as a defendant, where the interest of such party was unknown to the plaintiff, but is disclosed by the answer, and such party had notice of the proceeding, was called as a witness, and so far as shown had not objected.