Legal Opinion

Hoffman v. Strong

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 6Published

Appeal, No. 6, March T., 1912, by defendants, from decree of C. P. York Co., April Term, 1910, No. 1, on bill in equity in case of George C. Hoffman v. Emanuel Strong and Jacob Masemore. Bill in equity for an injunction. The opinion of the Superior Court states the case. Error assigned was decree awarding injunction.

1Opinion of the Court

Opinion by

Morrison, J.,

The plaintiff and Strong, one of the defendants, owned and occupied adjoining farms. In November, 1902, Strong erected a ram for the purpose of forcing water from a small stream which arose on his farm to his buildings for domestic use. The water of said stream also passed through plaintiff’s farm. Hoffman also erected a ram for the purpose of conveying water from the stream which had always flowed through his land to his buildings for domestic purposes. Hoffman alleged that the defendants had unnecessarily diverted water from the stream and had turned the waste water…

2Cases cited3 opinions

  1. Estate of FullertonPennsylvania Orphans' Court, Armstrong County · 1892
  2. Seltzer v. BoyerSupreme Court of Pennsylvania · 1909
  3. Standard Soap & Oil Co. v. Printz Degreasing Co.Supreme Court of Pennsylvania · 1911

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