Woelpper v. Pennsylvania Water & Power Co.
Supreme Court of Pennsylvania
Appeal, No. 174, January Term, 1915, by defendant, from decree of C. P. Lancaster Co., Equity Docket No. 5, page 377, awarding an injunction in case of Wilson Woelpper v. The Pennsylvania Water and Power Company. Bill in equity to enjoin maintenance of flash boards iipon a dam. Before Landis, P. J. The opinion of the Supreme Court states the case. • The court awarded an injunction as prayed for. Defendant appealed.
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Appeal, No. 174, January Term, 1915, by defendant, from decree of C. P. Lancaster Co., Equity Docket No. 5, page 377, awarding an injunction in case of Wilson Woelpper v. The Pennsylvania Water and Power Company. Bill in equity to enjoin maintenance of flash boards iipon a dam. Before Landis, P. J. The opinion of the Supreme Court states the case. • The court awarded an injunction as prayed for. Defendant appealed. Error assigned, among others, was in granting the in junction.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff filed this bill to enjoin the defendant coinpany from.increasing the height of its dam so as to overflow or injure plaintiff’s land and water power. Defendant admitted, and the trial judge found as a fact, that by reason of flash boards, placed at certain seasons of the year upon the top of the dam, the water is dammed up and backs upon the plaintiff’s property to a depth of from two and a half feet up to four and a half fbet, and covers at times about five-hundredths of an acre of land. The court below held that plaintiff was *561entitled to relief, and…
2Cases cited6 opinions
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Berkey v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1908
- Bigler v. Pennsylvania Canal Co.Supreme Court of Pennsylvania · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stuart v. Gimbel Bros., Inc.Supreme Court of Pennsylvania · 1925
- Hartman v. Pennsylvania Water & Power Co.Supreme Court of Pennsylvania · 1934
- Hansell v. Suburban Enterprises Co., Pennsylvania Court of Common Pleas, Alleghany County1926