Griffin's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lackawanna county: In Equity: Of January Term 1885, No. 287. Bill in equity, filed August 2d, 1875, between the city of Scranton, plaintiff, and D. W. Griffin, defendant, praying for an injunction to restrain the defendant from erecting a fence along the side of Main street, claimed by plaintiff to extend into, and be an obstruction to said street.
Read the full summary
Appeal from the Court of Common Pleas of Lackawanna county: In Equity: Of January Term 1885, No. 287. Bill in equity, filed August 2d, 1875, between the city of Scranton, plaintiff, and D. W. Griffin, defendant, praying for an injunction to restrain the defendant from erecting a fence along the side of Main street, claimed by plaintiff to extend into, and be an obstruction to said street. The bill set out, that in the city of Scranton there was a street known as Main street which had been accepted and used as a public street or road for thirty years or more; that the fence on the easterly…
1Opinion of the CourtJustice Green
*154In this case no evidence was given of the record of the road or street in question, fixing its legal limits, and thus enabling the determination of the precise question whether the defendant had established an obstruction within those limits. Some attempt was made to show a given width of the street at the point of the alleged obstruction, but the evidence offered in support of the theory of a definite width was so imperfect, so contradictory and so much in hostility with equally credible and more precise testimony on the other side, that it cannot be accepted as satisfactory. The case was in…
2Cases cited1 opinion
- Gowen v. Philadelphia Exchange Co.Supreme Court of Pennsylvania · 1843
3Cited by14 opinions
- Belmont Laboratories, Inc. v. HeistSupreme Court of Pennsylvania · 1930
- Weiss v. Bor. of South Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1890
- Commonwealth v. Phila. R.Supreme Court of Pennsylvania · 1890
- Waters v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Felin v. PhiladelphiaSupreme Court of Pennsylvania · 1913
9 more not listed; retrieve them via the Exa API.