Benner v. Junker
Supreme Court of Pennsylvania
Appeal, No. 343, Jan. T., 1899, by plaintiffs, from decree of C. P. No. 4, Phila. Co., Sept. T., 1897, No. 708, on bill in equity. Bill in equity for an injunction.
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Appeal, No. 343, Jan. T., 1899, by plaintiffs, from decree of C. P. No. 4, Phila. Co., Sept. T., 1897, No. 708, on bill in equity. Bill in equity for an injunction. The facts appear by the opinion of Arnold, P. J., which was as follows: The plaintiffs seek to limit or restrain the defendant in the use of an alley between the property owned by the plaintiffs and defendant, and to prevent the defendant from using the sidewalk in front of plaintiffs’ house for loading his wagons with bread before starting out to deliver the same to his customers. Complaint is also made by plaintiffs that noise…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The facts of this case are fully set out in the opinion of the learned judge of the court below. There was no restriction in the deeds of the adjoining properties as to the use of the alley by either tenant: it was intended by the original owners as a common passageway for the occupants of both properties. True, when the common easement was created, both properties were dwellings; but it would be an unreasonable assumption that it was to be forever used by both only as a convenience to housekeepers; it might not unreasonably be used in the future to promote the…
2Cited by17 opinions
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- Piper v. MowrisSupreme Court of Pennsylvania · 1976
- 46 South 52nd Street Corp. v. ManlinSupreme Court of Pennsylvania · 1960
- Seidler v. WainSupreme Court of Pennsylvania · 1920
- Bowers v. MyersSupreme Court of Pennsylvania · 1912
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