Hawk v. Davis

Citations

• 76 Pa. Super. 565
• 1921 Pa. Super. LEXIS 189

Syllabus

<p>Equity — Injunction—Digging of cesspools — Pollution of plaintiff’s spring.</p> <p>On a bill in equity, praying for an injunction to restrain tbe defendants from using a cesspool constructed on their own land adjoining the lands of tbe plaintiff, whereby the water in a natural spring on tbe plaintiff’s land was polluted and defiled, an injunction is properly granted, where it appeared that tbe plaintiff was in possession of a spring of clear water which was used for domestic and draining purposes, and for supplying water to a restaurant and a railroad company, and that subsequent to the construction of the cesspool on the defendant’s property the water became unfit for domestic use. Where the character of the pollution was traceable directly to the drainage from the defendant’s cesspool and where the State Board of Ifealth had found it to be insanitary, and had ordered its discontinuance, it was the clear duty of the court to grant an injunction.</p>