Pfeifer v. Rahiser
Superior Court of Pennsylvania
Appeal, No. 6, April T., 1896, by plaintiffs, from decree of C. P. Butler Co., Sept. T., 1895, No. 8, dismissing bill in equity against defendant. Bill in equity by plaintiffs in which they prayed the following relief: 1st. That the defendant be perpetually enjoined and restrained from engaging in the business of drilling water wells, directly or indirectly, within the borough of Evansburg aforesaid, or in the neighborhood thereof. 2d.
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Appeal, No. 6, April T., 1896, by plaintiffs, from decree of C. P. Butler Co., Sept. T., 1895, No. 8, dismissing bill in equity against defendant. Bill in equity by plaintiffs in which they prayed the following relief: 1st. That the defendant be perpetually enjoined and restrained from engaging in the business of drilling water wells, directly or indirectly, within the borough of Evansburg aforesaid, or in the neighborhood thereof. 2d. That an account be taken of the damages plaintiffs have sustained by reason of defendant’s violation of his contract aforesaid, and that the defendant be…
1Opinion of the Court
Opinion by
Reeder, J.,
The only question in this case is one of fact and not of law. The court below found that the existence of the contract upon which the prayer for the injunction in the plaintiff’s bill was predicated is not sustained by the evidence. As this was the only question of fact at issue upon the pleadings, the finding of fact, though embodied in the decree of the court below, is a substantial compliance with the equity rules of the Supreme Court, and the well established rule that a finding of fact in the court below will not be disturbed upon appeal except for plain error…
2Cases cited5 opinions
- Stocker v. HutterSupreme Court of Pennsylvania · 1890
- Sproull's AppealSupreme Court of Pennsylvania · 1872
- Kutz's AppealSupreme Court of Pennsylvania · 1882
- Kisor's AppealSupreme Court of Pennsylvania · 1870
- Appeal of BugbeeSupreme Court of Pennsylvania · 1885