-
Argued November 30, 1936. 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 *Page 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.
Document Info
Citation Numbers: 188 A. 348, 324 Pa. 369
Judges: PER CURIAM, December 7, 1936:
Filed Date: 11/30/1936
Precedential Status: Precedential
Modified Date: 1/13/2023