Appeal of Hacke & Hugus
Supreme Court of Pennsylvania
Appear from a decree of the Court of Common Pleas No. 1 of Allegheny county: In equity: Of October Term 1882, No. 6. This was a bill in equity by J. G. Lauer and C. E. Bauer, doing business as J. G. Bauer & Brother, against Paul H. Hacke and Daniel Hugus, praying for a decree enjoining and directing defendants to remove all obstructions from a certain alley way to the free and common use of which the complainants were entitled, and to ascertain and order the payment of the…
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Appear from a decree of the Court of Common Pleas No. 1 of Allegheny county: In equity: Of October Term 1882, No. 6. This was a bill in equity by J. G. Lauer and C. E. Bauer, doing business as J. G. Bauer & Brother, against Paul H. Hacke and Daniel Hugus, praying for a decree enjoining and directing defendants to remove all obstructions from a certain alley way to the free and common use of which the complainants were entitled, and to ascertain and order the payment of the loss and damage suffered by the complainants by reason of said obstruction. The facts of the case appeared from the…
1Opinion of the CourtJustice Trunkey
That Thomas Brown is the owner of lot No. 106 Market street, with the free and common use of an alley four feet wide *249and ten feet high, is admitted. His title is by deed. He leased the premises to Lauer & Bro., for the term of ten years, from the 1st April 1869. They, by agreement, released unto Hache ail their right to the said alley and alloAved him to close up the same during the continuance of said lease; and Hache covenanted that, “at the expiration of said Lauer’s lease, the said alley is to be opened by said Hache, his heirs or assigns.”
The appellants claim no right to keep the alley…
2Cases cited1 opinion
- Shipley v. CaplesCourt of Appeals of Maryland · 1861
3Cited by19 opinions
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Louisville & N. R. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1904
- Schmoele v. BetzSupreme Court of Pennsylvania · 1905
- Kramer v. SlatterySupreme Court of Pennsylvania · 1918
- Garvey v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1906
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