Stewart's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Laiorenee county. In Equity. No. 151,- to October and November Term 1867. William Stewart and Samuel Foltz filed their bill in September 1866 against James Rhodes.
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Appeal from the decree of the Court of Common Pleas of Laiorenee county. In Equity. No. 151,- to October and November Term 1867. William Stewart and Samuel Foltz filed their bill in September 1866 against James Rhodes. The bill states :— 1. That the complainants owned in fee a parcel of land in East Newcastle 80 feet on Pittsburg street, and extending back 215 feet to a 20 feet wide alley, and are also seised of one-half the alley in fee — the alley .laid out by former owners of a larger piece of land, laid out by them in lots, of which the complainant’s lot is one — and dedicated to the free…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Thompson, C. J.
It cannot be doubted that if the defendant, in this bill, was not fully invested with authority to do the acts, complained of by the plaintiffs, he has created an intolerable nuisance as regards their property, of which they have good reason to complain, and for which they ought to have redress in'some way. Impliedly conceding this, the defendant attempts to justify, under the authority of the Commonwealth, not by express grant, but by a delegation of authority from a company incorporated to build a' railroad for…
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