Bishop v. Buckley
Superior Court of Pennsylvania
Appeal, No. 217, Oct. T., 1906, by defendant, from decree of C. P. Del. Co., June T., 1905, No. 132, on bill in equity in case of Jehu D. Bishop and Nellie L. Bishop, his wife, v. J. Monroe Buckley. Bill in equity to restrain the defendant from disconnecting and interfering with a water pipe. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was the decree awarding the injunction.
1Opinion of the Court
Opinion by
Henderson, J.,
It is made very clear by the evidence offered at the trial that the water privilege which was the inducement to the laying of the pipe across the land now owned by the defendant, was limited to the period of ten years. The contract under which the water was obtained from Mrs. Pyle expressly terminates the privilege on June 17, 1899. This right was given to Lewis E. Buckley, predecessor in title of the plaintiffs, and Isabella Buckley, predecessor in title of the defendant. It further appears from the evidence that the pipe was laid and the houses of L. E. Buckley and…
2Cases cited7 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Harrison v. NixonSupreme Court of the United States · 1835
- M'Kellip v. M'IlhennySupreme Court of Pennsylvania · 1835
- Boone v. ChilesSupreme Court of the United States · 1836
- Thompson v. ThompsonSupreme Court of Pennsylvania · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McFarland v. HeverlySuperior Court of Pennsylvania · 1911
- Summers v. ShryockSuperior Court of Pennsylvania · 1911
- Cherry v. Harrison, Pennsylvania Court of Common Pleas, Alleghany County1971