Bierer v. Hurst

Citations

• 162 Pa. 1
• 29 A. 98
• 1894 Pa. LEXIS 931

Syllabus

<p>Equity — Res adjudicata — Injunction—Trespass.</p> <p>A bill in equity cannot be sustained to enforce a remedy by injunction for the same injury for which arecovery in damages was sought in a common law action in trespass previously brought by plaintiff against defendant.</p> <p>On a bill in equity to restrain an interference with the natural flow of water, it appeared that plaintiff had previously brought an action of trespass against defendant for damages for injury caused by the overflow of the.same waters upon plaintiff's lands. The case was fully tried to the end, and a verdict and judgment rendered against plaintiff. The master in the equity suit found from the evidence before him that the plaintiff was not entitled to the relief sought. The finding of the master was confirmed by the court below. Held, that the decree of the lower court should be affirmed.</p>