Johnstown v. Fearl

Opinion by

Mr. Justice Linn,

This was a bill to abate a public nuisance — to obtain removal of buildings and improvements constructed by defendant within the channel lines of Stonycreek River. The learned court below adopted the chancellor’s finding (supported by evidence) that the alleged encroachments did not wrongfully interfere with the flow of the stream and dismissed the bill. The city has appealed. The bill and answer were filed in 1922. Testimony was taken in 1923 and 1924. In 1932 a decree nisi was filed. After exceptions were disposed of, a final decree dismissing the bill was entered…