219 Pa. 635 | Pa. | 1908
Opinion by
The respondents demurred to the bill on two grounds, first, that the complainants have no right, individually or otherwise, to maintain the bill; and second, the court has no jurisdiction to grant the relief prayed for. Either ground would be a sufficient answer to the contention of appellants, and both are good under the facts of this case. The first, second and third prayers ask for an injunction, and the fourth for a decree annulling the extensions and vacating the record made by recording the certificate in.accordance with the provisions of law in the office for recording deeds in the county of Allegheny. It is an elementary principle that he who seeks equitable relief must establish a clear legal right to the enjoyment of that, the injury to whióh he seeks to enjoin. This burden ■ always rests on the complaining party.' Equity will not enjoin at the instance of one who has no legal right to the use, occupation or enjoyment of the property or thing about to be invaded. A complainant must stand on .the strength of his own rights rather than on the weakness of those claimed by a respondent. These familiar principles of equity practice furnish a complete answer to the first three prayers of the bill in the present case. The complainants havb no right, legal or otherwise, to the use and occupation of the streets and highways covered by the branches or extensions of the respondent, and, therefore, have no standing to ask a court of equity to enjoin it from asserting its right to such use and occupation. Indeed, it has been held that even where a street railway company has obtained a charter to construct its lines on certain streets, but failed to secure a municipal grant to use the same, it had no standing in equity
Is there jurisdiction in equity to grant the relief prayed for in the bill. The answer must be in the negative. The averments of the bill are not sufficient to bring this proceeding within the purview of the act of 1871. On June 1,1906, the appellants filed in the office of the secretary of the commonwealth articles of association for the incorporation of the Kelly Street Railway Company and the Hay Street Railway Company. Notice by publication as required by statute was given to the effect that the subscribers would apply to the governor on June 26, 1906, for a charter. On June 20, 1906, the stockholders of the respondent company met pursuant to a call for that purpose, and under the provisions of law voted to extend its route by branches and extensions over part of the streets covered by the application of appellants. The resolutions authorizing the extensions and branches were filed in the office of the secretary of the commonwealth on J une 21, 1906 ; some weeks later they were presented to the governor for his approval, and on October 31, 1906, were approved by him. At a later date the secretary of the commonwealth issued a certificate of approval which was recorded in the proper office of Allegheny county on November 13, 1906. Prior to the approval of the extensions and branches the appellants, through counsel, appeared as protestants against their approval and were fully heard either by the governor acting in his official
Decree affirmed at cost of appellants.