Palmer Water Co. v. Lehighton Water Supply Co.
Supreme Court of Pennsylvania
Appeal, No. 2, Jan. T., 1918, by defendant, from decree of C. P. Carbon Co., June T., 1912, No. 1, on bill in equity in case of Palmer Water Company v. Lehighton Water Supply Company. Bill in equity for an injunction. Before Groman, P. J., specially presiding. The court entered a decree awarding an injunction. Defendant appealed. . Error assigned was the decree of the court.
1Opinion of the Court
Opinion bv
Mr. Justice Kephart,
In this case the court below enjoined appellant from diverting the waters of Pine creek to the prejudice of the Palmer Water Company, the latter having appropriated the waters of Big creek, of which Pine creek is a tributary. An examination of the record discloses numerous *200inconsistent findings of fact, some of which, have a tendency to sustain the decree, while others are adverse to it. It is the duty of the court below to make its findings clear and consistent, and we are compelled to remit the record that this duty may be properly performed. As illustrative…
2Cited by2 opinions
- Underdown v. UnderdownSupreme Court of Pennsylvania · 1924
- Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1923