McGonigle v. Saint Clair Coal Co.

Citations

• 71 Pa. Super. 480
• 1919 Pa. Super. LEXIS 140

Syllabus

<p>Equity — Streams—Diversion of waters — Injunction.</p> <p>1. Where, in an injunction bill, the injury complained of results from the unlawful diversion of water from one stream and its discharge into another stream in a different water shed, and such diversion is apparently to be continued indefinitely, equitable relief will not be denied on the ground the injury is not irreparable.</p> <p>2. The plaintiffs in such case will not be convicted of laches because of delay in instituting the suit, where it appears that although there had been an earlier diversion, the injury complained of had been in progress for a comparatively short period of time.</p> <p>Equity — Certification to common pleas — Act of June 9, 1907, P. L. HO.</p> <p>Where the injury complained of is a recurring one and the cause, as presented, is one cognizable in a court of equity, it is error to certify the case to the law side of the court, and the matter in controversy should be adjudicated under equitable principles.</p>