Piper v. St. Paul Trust Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 225 January Term 1891, Sup. Ct.; court below, No. 4 March Term 1888, C. P. in Equity.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 225 January Term 1891, Sup. Ct.; court below, No. 4 March Term 1888, C. P. in Equity. On March 27,1883, Henry A. Piper filed a bill in equity against Norman W. Kittson, and others, averring that the plaintiff was the owner of a grist and merchant mill on the Wissahickon, the head race being the waters of said stream passing through the land of said Kittson; that the plaintiff and those under whom he claimed had enjoyed the water right, for over seventy years, with the right to have the race and stream of water kept…
1Per curiam
There is little in this case beyond the question of costs. At one stage of the litigation the complainant applied to the court below to permit him to dismiss his own bill, upon the payment of the costs by the defendants. This somewhat unusual request was denied, and the case was then proceeded with for the purpose of ascertaining upon whom the costs should fall. The master and the court below decided that the plaintiff should pay the costs, and we have been furnished with no sufficient reason why he should not. Costs in equity are largely in the discretion of the court below, and we would not…
2Cited by2 opinions
- Miller v. MillerSuperior Court of Pennsylvania · 1934
- Sherry v. Cedarbrook Country Club, Pennsylvania Court of Common Pleas, Philadelphia County1962