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Keywords

damagesequityinjunction
damagesequityinjunction

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Heilman v. Union Canal Co., 37 Pa. 100, 1860 WL 8190, 17 Leg.Int. 356, 1 Wr.Pa. 100

Facts

Joseph G. Heilman owned a mill on the Quitapahilla Creek and had previously received compensation from The Union Canal Company for the use of the creek's water. The company had diverted water from the creek for their canal since 1833, and Heilman had accepted payments for this diversion until 1855, when the company became insolvent. After ceasing payments, Heilman sought an injunction to prevent the company from using the water without compensation, claiming damages for past injuries.

Joseph G. Heilman owned a mill on the Quitapahilla Creek and had previously received compensation from The Union Canal Company for the use of the creek's water. The company had diverted water from the creek for their canal since 1833, and Heilman had accepted payments for this diversion until 1855, when the company became insolvent.

Issue

Did the court err in dismissing Heilman's bill for an injunction against The Union Canal Company for diverting water from the Quitapahilla Creek?

Did the court err in dismissing Heilman's bill for an injunction against The Union Canal Company for diverting water from the Quitapahilla Creek?

Rule

Equity may intervene by injunction to prevent irreparable mischief, but not if the party has acquiesced to the actions causing the injury and has received compensation for it.

Equity may intervene by injunction to prevent irreparable mischief, but not if the party has acquiesced to the actions causing the injury and has received compensation for it.

Analysis

The court analyzed the long-standing acquiescence of Heilman to the company's use of the water, noting that he had accepted compensation for it over many years. The court concluded that this acceptance indicated that any injury was not irreparable, as Heilman had not objected to the water's use until after the payments ceased. Therefore, the court found that an injunction was not warranted, as there was an adequate legal remedy available to Heilman.

The court analyzed the long-standing acquiescence of Heilman to the company's use of the water, noting that he had accepted compensation for it over many years. The court concluded that this acceptance indicated that any injury was not irreparable, as Heilman had not objected to the water's use until after the payments ceased.

Conclusion

The court affirmed the dismissal of Heilman's bill, concluding that he had acquiesced to the company's use of the water and that there was an adequate remedy at law for any damages he may have suffered.

The court affirmed the dismissal of Heilman's bill, concluding that he had acquiesced to the company's use of the water and that there was an adequate remedy at law for any damages he may have suffered.

Who won?

The Union Canal Company prevailed in the case because the court found that Heilman's long-term acceptance of compensation for the water use precluded him from seeking an injunction.

The Union Canal Company prevailed in the case because the court found that Heilman's long-term acceptance of compensation for the water use precluded him from seeking an injunction.

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