Baugh v. Bergdoll
Supreme Court of Pennsylvania
Jan. T., 1910, by plaintiffs, from decree of C. P. No. 2, Phila., Co., Sept. T., 1907, No. 1,085, dismissing bill in equity in case of Helene A. Baugh and Laura P. Baugh v. Emma C. Bergdoll, Louis J. Bergdoll, The Belmont Iron Company, and Joseph G. Lynch, and Jacob A. Lynch, and Calvin Z. Lynch, trading as Lynch Bros. Bill in equity to enjoin the construction of foundations of a building and to compel their removal.
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Jan. T., 1910, by plaintiffs, from decree of C. P. No. 2, Phila., Co., Sept. T., 1907, No. 1,085, dismissing bill in equity in case of Helene A. Baugh and Laura P. Baugh v. Emma C. Bergdoll, Louis J. Bergdoll, The Belmont Iron Company, and Joseph G. Lynch, and Jacob A. Lynch, and Calvin Z. Lynch, trading as Lynch Bros. Bill in equity to enjoin the construction of foundations of a building and to compel their removal. Before Barratt, J. The facts appear in the opinion of the Supreme Court. Error assigned was decree dismissing bill.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
March 14, 1910:
It is a fact established by the finding of the court, and conceded, that in constructing the footings of the piers intended for the support of their building, the defendants in several places have encroached upon plaintiffs to the extent of six inches beyond the line to which under the law they could go with a party wall. The wall they have erected upon this foundation is not a party wall, and was not so intended. It is wholly upon defendants’ land. The plaintiffs’ adjoining wall is a party wall, supported by a foundation which extends eight feet…
2Cases cited1 opinion
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