Zerbey v. Allan
Supreme Court of Pennsylvania
Appeal, No. 221, Jan. T., 1905, by plaintiff, from decree of C. P. Schuylkill Co., Nov. T., 1904, No. 5, dismissing bill in equity in case of J. H. Zerbey v. William L. Allan, Clyde G. Allan and Louisa M. Allan. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court. jError assigned among others was in dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from a decree dismissing a bill in equity filed for the purpose of enjoining defendants from excavating and building upon an alleged right of way in the rear of plaintiff’s premises.
Plaintiff aud defendants are the owners of adjoining properties situate on the south side of Mahantongo street in the borough of Pottsville. Defendants’ property, on which a hotel building is erected, is on the southwest corner of Mahantongo and Center streets, extending westwardly along the former street ninety-nine feet nine inches to the line of plaintiff’s…
2Cases cited4 opinions
- Demuth v. AmwegSupreme Court of Pennsylvania · 1879
- Hughesville Water Co. v. PersonSupreme Court of Pennsylvania · 1897
- Root v. CommonwealthSupreme Court of Pennsylvania · 1881
- Bright v. AllanSupreme Court of Pennsylvania · 1902
3Cited by17 opinions
- Percy A. Brown & Co. v. RaubSupreme Court of Pennsylvania · 1947
- Long Island Owner's Ass'n v. Davidson, Texas Court of Appeals, 13th District1998
- Romans v. NadlerSupreme Court of Minnesota · 1944
- Keefer v. JonesSupreme Court of Pennsylvania · 1976
- Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
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