Powers v. Bald Eagle Boom Co.

Citations

• 125 Pa. 175
• 23 W.N.C. 485
• 17 A. 254
• 1889 Pa. LEXIS 705

Syllabus

<p>1. The common law maxim that wherever there is a right there is a remedy, has not been adopted by courts of equity. One may sleep upon his right until he loses it. If he looks on and allows large sums to bo expended aud'intervening interests to grow up, the fact that lie might have successfully objected at the outset, will not avail.</p> <p>2. If an injunction is prayed for where, upon consideration of the whole case, it ought not in good conscience to issue, a mere legal right in the plaintiff will not move the chancellor.</p> <p>3. Where an addition to a boom was built in 18C9, and used continuously thereafter, thousands of dollars being invested in it aud in business enterprises depending upon it, it is too late for property owners injured thereby but who have acquiesced until 1883, to assert then that the boom company had no light, under its charter, to build the addition in the way in which it was built.</p> <p>(a) The act of April 13, 1859, P. L. (1860) 863, authorized the Bald Eagle Boom Company to “ erect and maintain on the south side of Bald Eagle creek such boom or booms with piers as may be necessary for the purpose of stopping and securing logs.....upon said creek, and such piers, side branches, or shore booms as may be necessary for that purpose,” with a proviso that the boom should be so constructed as “ not to impede the navigation of said creek.” Upon bill in equity to restrain the building and maintaining of piers by said company, north of tiie middle line of said creek. Held:</p> <p>4. That this act authorized the construction of a boom by said company, on the south side of the creek, using that shore as one side of the inclosure, and the erection of the necessary piers to complete-the inclosure on the other side; and that the only limitation as to the location of such piers was that they should be so built as not to interfere with the navigation of the creek.</p>