Stewart Wire Co. v. Lehigh Coal & Navigation Co.

Citations

• 203 Pa. 474
• 53 A. 352
• 1902 Pa. LEXIS 741

Syllabus

<p>Equity — Jurisdiction—Adequate remedy at law — Diversion of water— Laches — Costs.</p> <p>A bill in equity by a manufacturing corporation against a power company engaged in furnishing municipalities, street railway companies and manufacturing establishments with light and power, to restrain the defendant from diverting water from a canal, which water the plaintiff had aright to use, will be dismissed where it appears that at the time the bill was filed the plaintiff’s business had been destroyed by combinations, that the damage, if any, was trifling, and could be ascertained by an action at law, that the plaintiff had long delayed asserting its right, and that the defendant was engaged in making improvements which would largely increase the capacity of the canal. In such a case it is error to impose the costs upon the defendant.</p>