Hanik v. Pennsylvania Power Co.

HESTER, Judge:

This action in equity was instituted by appellant to enjoin appellee from employing chemical herbicides on property adjacent to appellant’s land. 1 At trial, appellee’s motion for a compulsory nonsuit was granted. 2 Appellee thereafter pursued its counterclaim and was eventually awarded a verdict thereon in the amount of $2,625.00. Appellant filed exceptions to the verdict, which were argued and denied. This appeal ensued.

Appellant contends that the counterclaim did not arise from the same occurrence upon which appellant based his complaint. A legal counterclaim which attaches…