Legal Opinion

Stearns Co. v. Hewes

Supreme Court of Pennsylvania

Decided February 26, 1917No. Appeal, No. 328PublishedCited by 6 opinions

Appeal, No. 328, Jan. T., 1916, by plaintiffs, from decree of C. P. Erie Co., Sept. T., 1916, No. 13, dismissing bill in equity for an injunction, in case of Stearns Company, Fred J. Miller, G. Daniel Baldwin, Robert W. Lawrie, Martin C. Mayer, Henry E. Mayer, James Ross Mayer and Joseph G. Mayer; Martin C. Mayer, Henry E. Mayer, James Ross Mayer and Joseph G. Mayer, Trustees under the last will and testament of Henry Mayer, Deceased, Charles J. Haller, Frank A. Haller,…

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1Opinion of the Court

Opinion by

Mr. Justice Mastrezat,

We agree with the conclusion of the learned judge of the court below which he has amply vindicated in the opinion filed. This was a bill to restrain the defendant from obstructing or interfering with the use by the plaintiffs or the public of an alleged alley in the City of Erie. The facts have been found and stated by the learned court below, and we shall restate only those necessary for the consideration of this appeal.

In 1890, the City of Erie by a duly enacted ordinance caused a pavement to be constructed in the roadway of Twelfth street, in front of a…

2Cases cited2 opinions

Hewes v. MillerSupreme Court of Pennsylvania · 1916
Hamner v. Griffith's AdministratorSupreme Court of Pennsylvania · 1855

3Cited by6 opinions

Com., Dept. of Transp. v. MartinelliCommonwealth Court of Pennsylvania · 1989
Hewes v. CommissionerUnited States Board of Tax Appeals · 1925
Guzzi v. Delaware & H. Co.Court of Appeals for the Third Circuit · 1920
Guzzi v. Delaware & Hudson Co.District Court, M.D. Pennsylvania · 1919
Heiner v. HewesCourt of Appeals for the Third Circuit · 1929

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