Mackintyre v. Jones
Superior Court of Pennsylvania
Appeal, No. 17, Oct. T., 1898, by plaintiff, from decree of C. P. Montgomery Co., March T., 1897, No. 5, dismissing bill in equity. Hearing on bill, answer and proofs.
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Appeal, No. 17, Oct. T., 1898, by plaintiff, from decree of C. P. Montgomery Co., March T., 1897, No. 5, dismissing bill in equity. Hearing on bill, answer and proofs. Before Weahd, J. The bill averred that a forty feet wide street (laid out on a plan of lots by defendant’s decedent, but never formally taken for public use by legal proceedings), running between lands of plaintiff and defendant, had been unlawfully filled up from two feet to four feet, by defendant, to the irreparable injury of plaintiff. The prayer was “ that the said defendant may be compelled to remove from the said forty…
1Opinion of the Court
Opinion by
Rice, P. J.,
It would serve no good purpose were we to introduce into this opinion a recital of the facts. They have been clearly stated in the findings of the learned trial judge, and these are fully sustained by evidence. The findings of the court under the new equity rules, especially if the credibility of the witnesses be a factor, will not be set aside on appeal, unless there be manifest error: Com. v. Stevens, 178 Pa. 543; Hancock v. Melloy, 187 Pa. 371. Having examined the evidence, with this rule in view, and having discovered no error which would justify us in setting aside…
2Cases cited9 opinions
- Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
- Orne v. FridenbergSupreme Court of Pennsylvania · 1891
- Commonwealth v. StevensSupreme Court of Pennsylvania · 1897
- Hancock v. MelloySupreme Court of Pennsylvania · 1898
- Heilman v. Lebanon & Annville Street Railway Co.Supreme Court of Pennsylvania · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pehlert Et Ux. v. Neff Et Ux.Superior Court of Pennsylvania · 1942
- Davis v. Pennsylvania Pipe LinesSupreme Court of Pennsylvania · 1907
- Asbury v. CarrollSuperior Court of Pennsylvania · 1913
- Canavan v. PayeSupreme Court of Pennsylvania · 1907
- Liggett v. KaufmannSuperior Court of Pennsylvania · 1901
6 more not listed; retrieve them via the Exa API.