Liquid Carbonic Co. v. Wallace
Supreme Court of Pennsylvania
Appeal, No. 74, Oct. T., 1907, by defendants, from decree of C. P. No. 2, Allegheny Co., July T., 1906, No. 276, on bill in equity in case of Liquid Carbonic Company v. William T. Wallace and People’s National Bank. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court. Error assigned was decree awarding an injunction.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The legal principle governing this case is thus expressed in Grace M. E. Church v. Dobbins, 153 Pa. 294, “Where an owner of land subjects part of it to an open, visible, permanent and continuous servitude or easement in favor of another part, and then aliens either, the purchaser takes subject to the burden or the benefit, as the case may be.” See also Manbeck v. Jones, 190 Pa. 171.
The facts are not in material dispute. In 1890 Wallace, one of appellants, became the owner of a large lot of ground in *459the twentieth ward of the city of Pittsburg. It was…
2Cases cited5 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- National Bank v. NorthSupreme Court of Pennsylvania · 1894
- Manbeck v. JonesSupreme Court of Pennsylvania · 1899
- Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
- M'Donald v. LindallSupreme Court of Pennsylvania · 1827
3Cited by26 opinions
- Burns Manufacturing Co., Inc. v. BoehmSupreme Court of Pennsylvania · 1976
- Tosh v. WittsSupreme Court of Pennsylvania · 1955
- Heffley v. LohrSuperior Court of Pennsylvania · 1942
- Daddona v. ThorpeSuperior Court of Pennsylvania · 2000
- Kanefsky v. Dratch Construction Co.Supreme Court of Pennsylvania · 1954
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