Legal Opinion

O'Neil v. McKeesport

Supreme Court of Pennsylvania

Decided January 6, 1902No. Appeal, No. 146PublishedCited by 18 opinions

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Appeal, No. 146, Oct. T., 1901, by defendant, from decree of C. P. No. 2, Allegheny Co., April T., 1901, No. 695, on bill in equity in case of Harvey D. O’Neil, Anna E. B. O’Neil, Caroline R. O’Neil, Harry O. Murphey, James S. Kuhn, Ella M. Kuhn and James D. O’Neil v. City of McKeesport. Bill in equity for an injunction. Plaintiffs being owners of a lot across which the public had been using an alley as a passage way, fenced in the alley and sold the lot to the school district, but payment was refused on the ground of the public easement. Plaintiffs then filed this bill to prevent the city…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

This is a controversy over a title at law. The claims of both parties start with the ownership in James O’Neil in 1851. It is admitted that in 1863 O’Neil opened the alley now in contention over a part of his land, and that it has been in use by the public ever since. Here the dispute begins. The plaintiffs claim that the opening was temporary under an agreement with the owners of adjoining land, and was to terminate when Sand alley should be opened through O’Neil’s land so as to give the adjoining owners an outlet to Locust street, and that the use by the…

2Cases cited1 opinion

Washburn's AppealSupreme Court of Pennsylvania · 1884

3Cited by18 opinions

Lauderbach-Zerby Co. v. LewisSupreme Court of Pennsylvania · 1925
Hall v. HenningerSupreme Court of Iowa · 1909
Andreas v. SteigerwaltSuperior Court of Pennsylvania · 1905
Maier v. Walborn HighSuperior Court of Pennsylvania · 1924
Godino v. KaneSuperior Court of Pennsylvania · 1904

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