Lehigh Valley Coal Co. v. Lentz

Citations

• 228 Pa. 346
• 77 A. 511
• 1910 Pa. LEXIS 487

Syllabus

<p>Equity — Injunction—Waters—Estoppel—Mines and mining — Findings of fact.</p> <p>1. Equity will not enjoin the discharge of water from one coal basin through a tunnel into another coal basin, where it appears that the complainant gave its consent to the defendant to construct the tunnel; that the complainant’s inspector frequently went upon the ground while the work was being done; that the defendant was permitted to make heavy expenditures on the work without objection, and that the complainants had suggested a change in the direction of a channel which suggestion was adopted by the defendant.</p> <p>2. Injunctions do not always issue as a matter of right, but in many cases it is the duty of courts to take into consideration the conduct and situation of the parties in determining whether this equitable relief should be granted.</p> <p>3. Findings of fact in an equity ease by the trial judge, if based upon sufficient evidence, will not be reversed in the absence of manifest error.</p>