Shinzel v. Bell Telephone Co.
Superior Court of Pennsylvania
Appeal, No. 100, Oct. T., 1905, by-defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1901, No. 1,595, on verdict for plaintiff in case of Charles Shinzel v. Bell Telephone Company of Philadelphia. Trespass to recover damages alleged to have been suffered by the erection of a telephone pole. Before Bregy, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 100, Oct. T., 1905, by-defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1901, No. 1,595, on verdict for plaintiff in case of Charles Shinzel v. Bell Telephone Company of Philadelphia. Trespass to recover damages alleged to have been suffered by the erection of a telephone pole. Before Bregy, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows : [If the erection of this pole injured Mr. Shinzel in that it deprived him of the light and air that he otherwise would have had, that it interfered with the comfort of his house…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff is the owner of a lot, with a three-storied dwelling house thereon, situate on the east side of Lawrence street, in the city of Philadelphia, and under his deed has the right to the use of, and the right to build over, an alley, twenty-two inches in -width, laid out and opened for the accommodation of his premises and the adjoining premises on the north. At the height of about seven feet the houses upon these two lots project over this alley and adjoin.
The defendant was duly chartered under the laws of this commonwealth, and authorized by the ordinances of…
2Cases cited22 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
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3Cited by8 opinions
- Pittsburgh National Bank v. Equitable Gas Co.Supreme Court of Pennsylvania · 1966
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- Anderson v. Philadelphia Electric Co., Pennsylvania Court of Common Pleas, Montgomery County1953
- Central District & Printing Telegraph Co. v. Pittsburg, McKeesport & Youghiogheny RailroadSuperior Court of Pennsylvania · 1913
- Clark v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1938
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