Fricke v. Quinn

Citations

• 188 Pa. 474
• 41 A. 737
• 1898 Pa. LEXIS 632

Syllabus

<p>Equity — Equity pleading — Waiver of technical objections.</p> <p>While the Supreme Court will not encourage loose or cai-eless or inaccurate pleadings, it will consider technical objections to a bill in equity as waived, where such objections are not made promptly, and where the defects alleged do not touch the merits of the case, nor subject either party to unfair burdens or unjust results.</p> <p>Equity — Equity pleading — Equity practice — Amendment after trial upon the merits.</p> <p>Where an equity case has been tried by the master upon the merits, and has been passed upon by the court on exceptions to the master’s report, a motion for leave to amend the bill so as to meet merely technical objections should be allowed, where the substantial cause of action is not proposed .to be changed, but the amendment is to specify and define what the bill had left general and indefinite.</p> <p>Equity — Equity pleading — Injunction—Waters—Pollution of stream.</p> <p>It is the right of a riparian owner to have the natural flow of the stream reach his land in its natural channel and in its natural condition.</p> <p>An averment in a bill in equity for an injunction that the channel of a stream -was filled up or diverted by the defendants, and-that the bed of the stream was raised so as to obstruct its current and prevent drainage into it, is an averment of unlawful interference with complainants’ rights. The specific injury resulting therefrom should, in good pleading, be set forth with reasonable particularity, but, if it be not done, this fault may be waived by failure to object to it in time.</p> <p>An averment in a bill in equity that the defendants had deposited large quantities of culm, muck and dirt in the bed of a stream is sufficient to cover a finding by the master that the defen dants had ‘ ‘ polluted ” the strean i.</p>