Hill v. Hittel
Superior Court of Pennsylvania
Appeal, No. 179, Oct. T., 1915, by plaintiffs, from decree of O. P. Montgomery Co., Oct. T., 1914, No. 5, on bill in equity in case of Eliza Hill, et al., v. Henry S. Hittel. Bill in-equity for an injunction. Before Miller, P. J. From the record it appeared that the defendant had for purposes of his business constructed a platform scale on land which he owned in fee.
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Appeal, No. 179, Oct. T., 1915, by plaintiffs, from decree of O. P. Montgomery Co., Oct. T., 1914, No. 5, on bill in equity in case of Eliza Hill, et al., v. Henry S. Hittel. Bill in-equity for an injunction. Before Miller, P. J. From the record it appeared that the defendant had for purposes of his business constructed a platform scale on land which he owned in fee. The plaintiffs claimed that the scales obstructed an easement of way which they had over the defendant’s land. Miller, J., found in part as follows: Immediately after the final hearing, and in order that the testimony might be…
1Opinion of the Court
Opinion by
Head, J.,
In tbeir bill filed tbe plaintiffs prayed for a mandatory injunction requiring tbe defendant to remove a certain platform scale wbicb be was constructing on land, tbe ownership in fee of wbicb was unquestionably in him. Tbe learned chancellor found on tbe evidence that tbe interest of tbe plaintiffs in tbe land was but an easement of way to enable them reach a public highway upon wbicb tbeir respective properties did not abut.
Tbe weigh scale complained of was of great importance to tbe defendant in tbe conduct of tbe business wbicb for many years bad been carried dn at that…
2Cases cited4 opinions
- Mercantile Library Co. v. Fidelity Trust Co.Supreme Court of Pennsylvania · 1912
- Mackintyre v. JonesSuperior Court of Pennsylvania · 1899
- Asbury v. CarrollSuperior Court of Pennsylvania · 1913
- Wakeling v. CockerSupreme Court of Pennsylvania · 1904