83 Pa. 144 | Pa. | 1877
delivered the opinion of the court, January 2d 1877.
There was no clear and distinct finding of the facts by the master in this case. So far as they are stated at all it is done argumentatively. This omission has been supplied by the learned judge of the court below, who has found the facts clearly, and.as the evi
We do not attach much importance to the matter of the spring. The court below found the fact that it was a mere “wet-weather” spring. Were it otherwise, if its destruction Avas a necessary incident of mining under the lease, it would be damnum absque injuria.
The decree is affirmed; the costs of the appeal to be paid by the appellant.