Patterson v. Scranton etc. R.

Supreme Court of Pennsylvania November 4, 1889

Patterson v. Scranton etc. R., 129 Pa. 109 (Pa. 1889)

18 A. 563; 1889 Pa. LEXIS 933

Clark, Cueiam, Green, McCollum, Mitchell, Sterrett

Opinion of the Court

Pee Cueiam :

The sole complaint in this case is that the court erred in not continuing the preliminary injunction.

We are of opinion that there is no error in the decree complained of. Adhering to our general rule in cases of this class, we intimate no opinion on the merits of the case in other respects. The proper time to do that is when the case comes here, if it ever does, on appeal from a final decree of the court below.

Decree affirmed at the costs of appellant and record remitted for further proceedings.

Reference

Full Case Name: APPEAL OF R. P. PATTERSON. [R. P. Patterson v. Scranton etc. R. Co.]
Status: Published
Syllabus: 1. On the hearing of a motion for an injunction to restrain a railroad company from constructing its roadbed over land claimed by the plaintiff, if the plaintiff’s proofs show neither title nor possession in him, but the defendant’s proofs show both title and possession in the company, the injunction should be refused. 2. An owner of land on the east side of a river is not entitled to an injunction to restrain a railroad company from building a retaining wall on the west side, where the proofs neither define the plaintiff’s riparian rights, nor show that the wall will impede or deflect the flow of the water.