Pennsylvania Co. v. Odd Fellows
Superior Court of Pennsylvania
Appeal, No. 219, Oct. T., 1910, by defendants, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1908, No. 408, on verdict for plaintiff in case of Pennsylvania Company for Insurance on Lives and Granting Annuities, Trustee under the will of Maria Carlton, deceased, v. The Subcommittee of Management of the Grand United Order of Odd Fellows in America. Assumpsit for use of party wall.
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Appeal, No. 219, Oct. T., 1910, by defendants, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1908, No. 408, on verdict for plaintiff in case of Pennsylvania Company for Insurance on Lives and Granting Annuities, Trustee under the will of Maria Carlton, deceased, v. The Subcommittee of Management of the Grand United Order of Odd Fellows in America. Assumpsit for use of party wall. Before Martin, P. J. At the trial the court admitted under objection and exception on the part of the defendants the plans and specifications in accordance with which the steel frame buildings of the defendants…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff was the owner of the premises Í203 Spruce street, Philadelphia, and of a party wall erected upon the line between said lot and the lot 1201 Spruce street, of which the defendants were the owners. The defendants, in 1906, erected upon the lot No. 1201 Spruce street a building having a steel frame, and the plaintiff alleges that in the erection of said building they cut into and made use of the party wall between the lots. The plaintiff proceeded under the provisions of the Act of February 24, 1721, 1 Sm. L. 124, to have ascertained the amount which the…
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