Mowday v. Moore
Pennsylvania Court of Common Pleas, Montgomery County
No. 145 July Term 1889, Sup. Ct.; court below, No. 1 March Term 1887, C. P. in equity. On April 20, 1887, David Y. Mowday filed his bill in equity against Samuel M. Moore, averring that the defendant, by the careless and negligent construction of certain buildings on his own premises, had caused water from- a mill-race, running through his lot, to flow along and through the foundation walls of the buildings into tbe cellar of the plaintiff; praying for a decree requiring the…
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No. 145 July Term 1889, Sup. Ct.; court below, No. 1 March Term 1887, C. P. in equity. On April 20, 1887, David Y. Mowday filed his bill in equity against Samuel M. Moore, averring that the defendant, by the careless and negligent construction of certain buildings on his own premises, had caused water from- a mill-race, running through his lot, to flow along and through the foundation walls of the buildings into tbe cellar of the plaintiff; praying for a decree requiring the defendant to remedy the wrong, for an injunction and for general relief. The defendant, reserving all benefit of…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The rule in regard to the remedy by injunction, in cases like the present, is thus stated by Adams : “ There is a jurisdiction in equity to enjoin, if the fact of nuisance be admitted or established at law, whenever the nature of the injury is such that it cannot be adequately compensated by damages, or will occasion a constantly recurring grievance : ” Adams’ Eq., *211 ; and in Bispham’s Eq., where it is said that “ the tendency of the modern decisions is certainly very much against the old rule, which required the prior establishment of the legal right: ” page 491,…
2Cases cited2 opinions
- Rhea v. ForsythSupreme Court of Pennsylvania · 1861
- City of New Castle v. RaneySupreme Court of Pennsylvania · 1890
3Cited by9 opinions
- Commonwealth v. StevensSupreme Court of Pennsylvania · 1897
- Wood v. McGrathSupreme Court of Pennsylvania · 1892
- Andreas v. SteigerwaltSuperior Court of Pennsylvania · 1905
- Mirkil v. MorganSupreme Court of Pennsylvania · 1890
- Bussier v. WeekeySuperior Court of Pennsylvania · 1897
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