Bright v. Allan
Supreme Court of Pennsylvania
Appeal, No. 404, Jan. T., 1901, by-defendant, from decree of C. P. Schuylkill Co., Sept. T., 1899, No. 5, on bill in equity in case of Joseph C. Bright and George L. Bright v. Thomas G. Allan. Bill in equity to restrain the obstruction of a right of way.
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Appeal, No. 404, Jan. T., 1901, by-defendant, from decree of C. P. Schuylkill Co., Sept. T., 1899, No. 5, on bill in equity in case of Joseph C. Bright and George L. Bright v. Thomas G. Allan. Bill in equity to restrain the obstruction of a right of way. Mare, J., found the facts to be as follows: 1. That Samuel Silliman, on April 13, 1839, became the owner of a piece of ground, situate in the borough of Potts-ville, containing 120 feet on Centre street and extending of that width westwardly along Mahantongo street a distance of 230 feet to Second street, and whilst the owner of said ground…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was a bill in equity for an injunction to restrain the defendant from obstructing a right of way, and to prohibit an additional use of a dividing wall between adjoining properties of plaintiffs and defendant.
*390It is suggested in this appeal that the plaintiffs’ right is doubtful, and therefore a court of equity has no jurisdiction. But as we read the defendant’s answer, it is not denied that plaintiff is entitled to a right of way. The exact width and the particular location upon the ground is not definitely fixed, but the third paragraph of the answer contains…
2Cases cited4 opinions
- Miller v. LynchSupreme Court of Pennsylvania · 1892
- Reinboth v. Zerbe Run Improvement Co.Supreme Court of Pennsylvania · 1858
- Walker v. PierceSupreme Court of Vermont · 1865
- Dorff v. SchmunkSupreme Court of Pennsylvania · 1900
3Cited by6 opinions
- Shedd v. American Maize Products Co.Indiana Court of Appeals · 1916
- Zerbey v. AllanSupreme Court of Pennsylvania · 1906
- Fellows v. National Can Co.Court of Appeals for the Sixth Circuit · 1919
- Woodbury v. AllanSupreme Court of Pennsylvania · 1906
- Commercial Inv. Trust v. Bay City BankCourt of Appeals for the Sixth Circuit · 1933
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