O'Donnell et al. v. Lehigh Navigation Coal Company, Appellant

O’Donnell et al. v. Lehigh Navigation Coal Company, Appellant. Argued November 30, 1936. Before Kephart, C. J., Schaefer, Maxey, Drew, Linn, Stern and Barnes, JJ. George P. Orlady, with him William Jay Turner, for appellant. Robert T. McCracken, for appellees. December 7, 1936: [MAJORITY — Per Curiam,] 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 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.