Baer v. Wilmoth
Superior Court of Pennsylvania
Appeal, No. 14, April T., 1908, by defendants, from decree of C. P. Somerset Co., Equity Docket 1905, No. 6, on bill in equity in case of Maggie May Baer v. Wilmoth & Leith. Bill in equity for an injunction. The opinion of the Superior Court states the case. Error assigned was the decree of the court in favor of the plaintiff.
1Opinion of the Court
Opinion by
Morrison, J.,
In the present case we have an appeal by the defendants from a final decree in equity attempting to settle (a), a disputed boundary line between the plaintiff and the defendants who claim to own adjoining lots of land in Myersdale, Somerset county. The parties have titles from a common source and no question is raised as to the validity of either title; (b) that the laying of tile in a water way on or near the line between the parties’ lots and filling up said water way over the tile created a nuisance and damaged the plaintiff’s cellar, (c) Incidentally certain acts of…
2Cases cited9 opinions
- Gavigan v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1896
- Wilhelm's AppealSupreme Court of Pennsylvania · 1875
- City of New Castle v. RaneySupreme Court of Pennsylvania · 1890
- O'Neil v. McKeesportSupreme Court of Pennsylvania · 1902
- Washburn's AppealSupreme Court of Pennsylvania · 1884
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