Messner v. Railway Co.

Superior Court of Pennsylvania

Messner v. Railway Co.

13 Pa. Super. 429, 1900 Pa. Super. LEXIS 174

CourtSuperior Court of Pennsylvania

DecidedApril 23, 1900

DocketAppeal, No. 28

StatusPublished

Cited by3 cases

This text of 13 Pa. Super. 429 (Messner v. Railway Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Messner v. Railway Co., 13 Pa. Super. 429, 1900 Pa. Super. LEXIS 174 (Pa. Ct. App. 1900).

Pincite

Opinion

Opinion by

Orlady, J.,

The decree, entered by the court below in discharging the rule for a preliminary injunction, imposed such terms upon the defendant company as will fully secure all damages that the plaintiff has suffered in consequence of the construction and operation of the street railway on the public highway on which his property abuts.

In the light of the testimony, it is apparent that the plaintiff’s principal purpose in purchasing this property was to harass the defendant company. The case as presented is marked with such questionable methods as to prevent the plaintiff from securing equitable relief. The findings of fact by the court below are sufficient to justify the decree made, and while there are conspicuous errors of practice in the proceeding, they are harmless so far as the decree is concerned.

The decree is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI