Bigler v. Pennsylvania Canal Co.

Citations

• 177 Pa. 28
• 35 A. 112
• 1896 Pa. LEXIS 947

Syllabus

<p>Canals — Change of bed of canal — Act of March 17, 1869.</p> <p>The purpose of the act of March 17, 1869, P. L. 12, relating to the straightening of canals, was not only to permit changes of location by straightening so as to facilitate transportation, but also to better secure the safety of the persons and property of those who had occasion to cross the canal.</p> <p>Under the act of March 17, 1869, P. L. 12, a canal company may condemn land so as to enable an overhead crossing to be built over both a canal and a neighboring railroad, although the removal of the canal and the construction of the railroad in the old canal bed is included in the improvement; the. fact that the railroad company which owns the stock of the canal company, makes the contract with the city for the improvement. does not render the corporate action of the canal company in condemning the land illegal.</p> <p>Equity — Jurisdiction—Discretion.</p> <p>Courts of equity hesitate to, and generally will not, interfere with acts Involving in their performance scientific and professional judgment. They will however interfere if a discretionary act involving scientific skill is arbitrarily or unnecessarily exercised to the injury of the property of another.</p> <p>A court of equity will not interfere to enjoin the construction of an overhead crossing by a canal company where there is no evidence tending to ■show that the plan adopted to construct the overhead crossing is not good engineering, and is not in the honest judgment of the directors of the company the best to accomplish the purpose.</p> <p>Equity — Injunction—Balance of injury.</p> <p>Where a case is doubtful on its facts, or the injured party has in some particulars, condoned the wrong, or has not been very vigilant in asserting his right, or the injury complained of be a trifling annoyance, and such like cases, the balance of injury principle may be invoked to stay the hands of the chancellor; but a wrongdoer, although he may be inconve