Vandivort v. Hunter

Citations

• 265 Pa. 585
• 109 A. 479
• 1920 Pa. LEXIS 485

Syllabus

<p>Equity — Jurisdiction—Remedy at law — Private nuisance — Contamination of spring — Denial of facts alleged — Delay—Retention of bill — Suit at law — Practice, Supreme Court and Equity.</p> <p>1. Equity has no concurrent jurisdiction 'with courts of law in the matter of restraining private nuisances. The damage which is imminent and irreparable or is not capable of adequate compensation in money, may be enjoined without waiting for the process of law, but the right must be clear and the facts upon which it rests uncontested.</p> <p>2. A court of equity should not entertain a bill to restrain the contamination of a spring alleged to have been caused by a cesspool on defendant’s premises, where the facts alleged in the bill are fully and expressly denied by defendant’s answer, and where it also appears that the injury complained of was of several years’ standing.</p> <p>3. If the court entertains the bill, and after full hearing dismisses it, because of doubt and perplexity as to whether the cesspool had any connection with the spring, the Supreme Court, on appeal, will modify the decree, so as to direct a retention of the bill, that plaintiff may have an opportunity, within three months, to bring an action at law if he so elects, otherwise the decree to become absolute.</p>