O'Donnell v. Lehigh Navigation Coal Co.

Supreme Court of Pennsylvania
O'Donnell v. Lehigh Navigation Coal Co., 188 A. 348 (Pa. 1936)
324 Pa. 369; 1936 Pa. LEXIS 526
Kephart, Schaefer, Maxey, Drew, Linn, Stern, Barnes

O'Donnell v. Lehigh Navigation Coal Co.

Opinion of the Court

Per Curiam,

The court below did not err in decreeing a mandatory injunction to restore the track pending final disposition of the case. See Jones v. Securities Commission, 298 U. S. 1, 16; Easton Passenger Ry. Co. v. Easton, 133 Pa. 505, 521; Clark v. Martin, 49 Pa. 289; Cooke v. Boynton, 135 Pa. 102; Whiteman v. Fayette Fuel-Gas Co., 139 Pa. 492. “Equity . . . will not allow itself to *370 be baffled by a wrongful change while its aid is being invoked. The modern cases . . . have established the rule that the status quo which will be preserved . . . is the last actual, peaceable, noncontested status which preceded the pending controversy, and [it] will not permit a wrongdoer to shelter himself behind a suddenly . . . changed status . . . ”: Fredericks v. Huber, 180 Pa. 572. While this was said in another case on different facts it is applicable here.

Decree affirmed.

Reference

Full Case Name
O’Donnell Et Al. v. Lehigh Navigation Coal Company, Appellant
Cited By
3 cases
Status
Published