Woodroffe v. Hagerty

Citations

• 35 Pa. Super. 576
• 1908 Pa. Super. LEXIS 84

Syllabus

<p>Equity — Nuisance—Injunction—Jurisdiction—Remedy at law — Disputed right.</p> <p>The remedy at law for a private nuisance is general. Equity also has jurisdiction to restrain the continuance of such nuisance if the rights of a suitor are clear and certain; but an injunction will not be granted until the facts are established by the verdict of a jury, if they are disputed.</p> <p>A bill in equity cannot be maintained by a landowner against an adjoining landowner and the supervisors of the township to restrain the defendants from diverting water from a public highway onto the plaintiff’s land, where the evidence as to the respective rights of the two owners is wholly contradictory. In such a case the plaintiff must establish his right at law before he can have the aid of a court of equity. '</p>