Plymouth Woods Corp. v. Maxwell , 407 Pa. 539 ( 1962 )

Dissenting Opinion by

Mr. Justice Cohen :

I would reverse. This appeal is from the lower court’s action in sustaining a demurrer to the complaint. The complaint does state a good cause of action and should not be dismissed because, after hearing, we might determine “The harm in issuing an injunction would far outweigh any possible harm or damage to the plaintiff by the refusal to issue it.” Such a conclusion can only be made after a hearing on the facts which, by our action, we deny to the plaintiff.

Mr. Justice Benjamin R. Jones joins in this dissenting opinion.