Vandersloot v. Pennsylvania Water & Power Company

• Decision Date: 17 July 1918
• Docket Number: 62
• Citation: 104 A. 799,262 Pa. 27
• Parties: Vandersloot, Appellant, v. Pennsylvania Water & Power Company
• Court: Pennsylvania Supreme Court

104 A. 799

Vandersloot, Appellant, v. Pennsylvania Water & Power Company

262 Pa. 27

No. 62

Supreme Court of Pennsylvania

July 17, 1918

Argued: June 5, 1918

Appeal, No. 62, Jan. T., 1918, by plaintiff, from decree of C.P. York Co., Oct. T., 1916, No. 1, in equity, dismissing bill in equity for injunction in case of John Edward Vandersloot v. Pennsylvania Water & Power Co. Affirmed.

Bill in equity for injunction to require removal of flash-boards on part of defendant's dam west of line dividing York and Lancaster Counties and for other relief. Before ROSS, J.

The opinion of the Supreme Court states the case.

Further facts appear in Vandersloot v. Pa. W. & P. Co., 259 Pa. 99.

The lower court dismissed the bill. Plaintiff appealed.

Error assigned, among others, was in dismissing bill.

Henry C. Niles, with him Michael S. Niles, Charles A. May and George E. Neff, for appellant.

W. F. Bay Stewart, with him John E. Malone and Frederick B. Gerber, for appellee.

Before BROWN, C.J., MOSCHZISKER, FRAZER, WALLING and SIMPSON, JJ.

OPINION

PER CURIAM:

This appeal is dismissed, at the costs of the appellant, on the following from the opinion of the learned court below making absolute the rule to set aside the order of service and the service of the bill: "A careful examination of the amended bill and the prayers based thereon, leads to the conclusion that the present contention is controlled by the ruling of the Supreme Court (Vandersloot v. Pa. W. & P. Co., 259 Pa. 104). The prayers are so drafted that the court is asked to make such orders and decrees as would only pertain to the physical construction of the dam which exists in York County, yet it is quite obvious that any such order or decree would necessarily affect the entire dam of the defendant, the largest portion of which is outside the jurisdiction of the court."