51 Pa. Super. 306 | Pa. Super. Ct. | 1912
Opinion by
The facts of this case are accurately, clearly and concisely stated in the findings of the learned trial judge, and a restatement of them by us is unnecessary. The only finding of fact that is assigned for error is the seventh; but there was ample evidence, if believed, to sustain it, and the testimony of the plaintiff himself scarcely puts it in doubt. Even if his testimony raised a substantial conflict regarding the fact, still the rule would be applicable, that where the correctness of a judge’s finding of fact, in a case tried before him under the equity rules, depends upon the view to be taken of the direct testimony of witnesses, the finding will not be disturbed by the appellate court, if there be evidence to support it and it is not clearly erroneous. This rule does not permit a perfunctory consideration of the evidence relating to facts in dispute, and is in entire harmony with the doctrine enunciated by Justice Trunkey
Complaint is made, in the second assignment of error, of the judge’s conclusion of law “B,” which was, in substance, that, by reason of the plaintiff’s failure to object to defendant’s entry upon the land before the laying of the pipes, etc., and his delay after that in filing the bill, he was precluded, on the score of laches, from seeking a decree enjoining the operation of the pipe and telegraph lines and compelling their removal, or either. When this conclusion is read in connection with the findings of fact, it will be seen that it does not rest alone on the lapse of time during which the plaintiff delayed assertion of his right, but that and other circumstances of great significance. Thus viewed, the conclusion is not erroneous, but is warranted by well-established principles of equity. In many cases equitable relief depends on the discretion of the chancellor, and the laches of the complaint is often one of the most important of the elements which are taken into consideration when that discretion is exercised: Bispham’s Eq. (7th ed.), sec. 39. In general, laches, as a defense peculiar to suits in equity, involves something more than mere delay, if the period of delay be shorter than that which, under the statute of limitations, would bar an action at law. In, such cases the lapse of time during which the plaintiff has knowingly and without reasonable excuse neglected or omitted to assert his right, is to be considered in connection with the general nature of the proceeding, the nature of the transaction involved, the remedy at law, the altered conditions, if any, and all the attendant circumstances, and from the whole the chancellor is to determine whether in equity and good conscience the defense ought to prevail. It results, from the very nature of the defense, that each case as it arises must be decided according to its own peculiar facts, taking into ' consideration all the elements affecting the question;
The assignment of errors are overruled, and the decree is affirmed at the costs of the appellant.