Beals Et Ux. v. Robertson Et Ux.

Opinion by

Arnold, J.,

Plaintiffs filed a bill in equity to enjoin defendants from discharging mine waters which reached plaintiffs’ land. The court below made findings of fact, conclusions of law and a nisi decree dismissing the bill. No exceptions were filed. The appeal assigns the final decree, dismissing the bill, as error.

Under equity rules 69 and 72 the only question before us is whether the findings of fact support the decree: Schwartz v. Wesoky, 281 Pa. 388, 126 A. 779; Atlas Portland Cement Co. v. American Brick & Clay Co. et al., 280 Pa. 449, 452, 124 A. 650.

Plaintiffs’ land is lower…