Woelpper v. Pennsylvania Water & Power Co.

Citations

• 250 Pa. 559
• 95 A. 717
• 1915 Pa. LEXIS 989

Syllabus

<p>Injunctions — Equity jurisdiction — Injury to established rights— Dams — Balance of convenience — Laches.</p> <p>1. Equitable relief by injunction against interference by another with the plaintiffs established right in the enjoyment of his property will not be refused on the ground that the injury is not irreparable and that the remedy will result in greater injury to the defendant than that which the plaintiff seeks to prevent, where it appears that the wrong complained of consisted in the erection of flash boards placed at certain seasons of the year on the top óf a dam, so that the water backed upon the plaintiff’s property to a depth of from two and a half to three feet and covered at times a portion of his land.</p> <p>2. The plaintiff in such case will not be convicted of laches because of delay in instituting the suit where it appears that while the defendant expended large sums in preparation for raising the dam, there was no evidence to show that the plaintiff or his predecessor in title knew that preparations were being made for such proposed addition.</p>