232 Pa. 639 | Pa. | 1911
Opinion by
The record in this case shows that no final decree has
It would have been better, if in this case, the trial judge had followed the approved practice of setting forth his findings of fact and his conclusions of law in separate and numbered paragraphs. See Pittsburg Stove & Range Co. v. Penna. Stove Co., 208 Pa. 37; Gaynor v. Quinn, 212 Pa. 362.
This appeal will have to be quashed because there is no final decree. But upon the facts as found by the court below, we have no doubt as to the case being a proper one, for the exercise of equitable relief. “The diversion or obstruction of a water course has been the subject of frequent equitable interference by way of injunction:” Gould on Waters, sec. 534. “A court of equity will generally grant relief by way of injunction to prevent the continued wrongful diversion of a water course, and such relief may be granted though the complainant has suffered no material damage by reason of the diversion, as otherwise the continued diversion might ripen into a prescriptive right, or require a multiplicity of suits:” 30 Am. & Eng. Ency. of Law (2d ed.), 369. Where water has been •wrongfully diverted from its proper channel, a mandatory injunction may be granted to restore it: Bispham’s Equity,
For the reason above noted, the absence of a final decree, the appeal is quashed.