Hoffman v. Strong

Citations

• 49 Pa. Super. 546
• 1912 Pa. Super. LEXIS 366

Syllabus

<p>Waters — Diversion of stream — Equity—Injunction.</p> <p>1. Where an upper riparian owner diverts waters from a stream by a ram for the purpose of domestic use, and returns the surface waters to the stream in such a way that they reach the stream below the ram of the next lower riparian owner, so that the latter is deprived of sufficient water for domestic purposes, and a portion of his land is turned into a wet and swampy place, the upper owner will be restrained by injunction from continuing such improper diversion of waters.</p> <p>Appeals — Assignments of error — Exceptions—Equity practice.</p> <p>2. Where, on an appeal from a decree in equity, the record fails to disclose any exceptions taken to the findings of fact, conclusions of law or the final decree, there is nothing before the appellate court to sustain any of the assignments of error.</p>