Vandersloot v. Pennsylvania Water & Power Co.

Supreme Court of Pennsylvania
Vandersloot v. Pennsylvania Water & Power Co., 262 Pa. 27 (Pa. 1918)
104 A. 799; 1918 Pa. LEXIS 580
Brown, Frazer, Moschzisker, Simpson, Walling

Vandersloot v. Pennsylvania Water & Power Co.

Opinion of the Court

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.”

Reference

Full Case Name
Vandersloot v. Pennsylvania Water & Power Company
Cited By
1 case
Status
Published
Syllabus
Equity jurisdiction — Injury to real estate within county — Construction of dam — Overflow—Greater part of dam in another county — Bill hy riparian owners — Belief to affect entire dam — Befusal. A bill in equity complaining of the overflow of water caused by defendant’s dam was properly dismissed where, although the prayers were so drafted that the court was asked to make such decrees as would pertain only to the physical construction of the dam in the county in which the suit was begun, such orders would necessarily affect the entire dam of the defendant, the largest portion of which was outside the jurisdiction of the court.