Heilman v. Union Canal Co.
Supreme Court of Pennsylvania
In equity. — Appeal from tbe Common Pleas of Lebanon county. This was a proceeding in equity in the Common Pleas of Lebanon county, by Joseph Gr. Heilman against “ The Union Canal Company” of Pennsylvania, J. Rodman Paul, R. Rundle Smith, and Oscar Thompson, praying for an injunction to restrain them from diverting and using the water of the Quitapahilla Creek, and for general relief.
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In equity. — Appeal from tbe Common Pleas of Lebanon county. This was a proceeding in equity in the Common Pleas of Lebanon county, by Joseph Gr. Heilman against “ The Union Canal Company” of Pennsylvania, J. Rodman Paul, R. Rundle Smith, and Oscar Thompson, praying for an injunction to restrain them from diverting and using the water of the Quitapahilla Creek, and for general relief. The bill, answers, and testimony presented the following case : — ■ In 1751, Peter Kucher was the owner of the lands on which the head-waters of the Quitapahilla rise. These streams he collected into a pond, by…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— The learned judge of the Common Pleas denied not the plaintiff’s right to the flow of water to his mill in the channel of the Quitapahilla creek, as “ of long time it had been accustomed to flow,” nor the defendant’s ultimate liability to make compensation for diverting the same, but denied the remedy invoked.
Equity may and will undoubtedly interfere by injunction in a proper case, on the ground of the restraint of irreparable mischief. But it is not every case which will furnish a right of action against a party for a nuisance, which…
2Cited by21 opinions
- Willing v. MazzoconeSupreme Court of Pennsylvania · 1978
- Steven M. Kramer v. Richard ThompsonCourt of Appeals for the Third Circuit · 1991
- Derry Township School District v. Barnett Coal Co.Supreme Court of Pennsylvania · 1938
- Livesley v. JohnstonOregon Supreme Court · 1904
- King v. ClarkSuperior Court of Pennsylvania · 1957
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