City of New Castle v. Raney

Citations

• 130 Pa. 546
• 18 A. 1066
• 1890 Pa. LEXIS 1069

Syllabus

<p>[To be reported.]</p> <p>1. Upon a bill in equity to restrain or abate a public nuisance, if the matter complained of be not a nuisance per se, and if the testimony be conflicting whether it is a public nuisance at all or not, an injunction will not be granted until after the fact shall have been determined by a trial at law.</p> <p>2. Where the testimony as to whether a mill-dam, maintained for its waterpower for over half a century and about which a city has grown up, has become a public nuisance or not, is conflicting, a bill to abate it will be dismissed, without prejudice to the right of complainants to proceed by indictment or action at law.</p>