Heron v. Houston
Supreme Court of Pennsylvania
Appeal, No. 95, Oct. T., 1906, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1905, No. 969, dismissing bill in equity in case of John B. Ileron, Jr., v. James W. Houston and Leo Reed, trading as James W. Houston & Company, and S. A. Dies, Superintendent of the Bureau of Building Inspection of the city of Pittsburg. Bill in equity for an injunction to prevent the removal or the cutting into a wall built wholly on the defendants’ property.
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Appeal, No. 95, Oct. T., 1906, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1905, No. 969, dismissing bill in equity in case of John B. Ileron, Jr., v. James W. Houston and Leo Reed, trading as James W. Houston & Company, and S. A. Dies, Superintendent of the Bureau of Building Inspection of the city of Pittsburg. Bill in equity for an injunction to prevent the removal or the cutting into a wall built wholly on the defendants’ property. From the record it appeared that plaintiff and defendants, J. W. Houston & Company, are the owners of adjoining properties situate on…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
It is too late at this day to question abstractly the right of the legislature to confer upon municipalities the power of regulatingparty walls. Never since we have beenastate have we been without legislation of this kind; and every enactment on the subject has contained the fundamental feature here challenged —constitutional warrant for the appropriation, under municipal regulation, by one of two adjoining lot owners of a certain portion of the other’s land, for the construction of a party wall for their common enjoyment and use. This legislation has not only…
2Cases cited3 opinions
- Appeal of Western National BankSupreme Court of Pennsylvania · 1883
- Hoffstot v. Voight, Pennsylvania Court of Common Pleas, Alleghany County1892
- Evans v. JayneSupreme Court of Pennsylvania · 1854
3Cited by3 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Neilson v. HummelSupreme Court of Pennsylvania · 1924
- United States v. Land Title Bank & Trust Co.Court of Appeals for the Third Circuit · 1937