Reimer's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1882, No. 250. This was an appeal by Augustus Reimer and Caroline A. Reimer from a decree of the said court enjoining the appellants from maintaining a certain hay or jut window and ordering them to remove the same. Information, in the nature of a bill in equity, filed by the attorney-general of the commonwealth on behalf of the commonwealth against Augustus Reimer and Caroline A. Reimer.
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Appeal from the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1882, No. 250. This was an appeal by Augustus Reimer and Caroline A. Reimer from a decree of the said court enjoining the appellants from maintaining a certain hay or jut window and ordering them to remove the same. Information, in the nature of a bill in equity, filed by the attorney-general of the commonwealth on behalf of the commonwealth against Augustus Reimer and Caroline A. Reimer. The information set forth that Broad street in the City of Philadelphia was laid out of a uniform width of one hundred and…
1Opinion of the CourtJustice Sterrett
There is no dispute as to any of the material facts in this case. The court was clearly right in holding that the bay window in question was constructed and lias since been maintained without authority of law; that it'is an unjustifiable encroachment on the public highway, prejudicial to the interests of the community and the rights of individual property owners in the neighborhood, and that it is a public nuisance, the continuance of which courts of equity in this st.ate have power to restrain.
The decree is based upon principles which are so clearly and correctly stated in the opinion of the…
2Cited by26 opinions
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- 46 South 52nd Street Corp. v. ManlinSupreme Court of Pennsylvania · 1960
- Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
- Breisch v. Locust Mountain Coal Co.Supreme Court of Pennsylvania · 1920
- Perry v. CastnerSupreme Court of Iowa · 1904
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