Rhea v. Forsyth
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. Iu Equity. — This was an appeal from the decree of the District Court of Allegheny county, dismissing the complainant’s bill in equity, praying for an injunction to restrain defendant from closing up a private alley in the City of Pittsburgh.- The pleadings and evidence presented this case:— In 1830, John Horner purchased of William Hays a lot of ground on the east side of Market street, in the city of Pittsburgh, 32 feet…
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Error to the District Court of Allegheny county. Iu Equity. — This was an appeal from the decree of the District Court of Allegheny county, dismissing the complainant’s bill in equity, praying for an injunction to restrain defendant from closing up a private alley in the City of Pittsburgh.- The pleadings and evidence presented this case:— In 1830, John Horner purchased of William Hays a lot of ground on the east side of Market street, in the city of Pittsburgh, 32 feet front on Market street, and 60 feet deep, and in the year 1835 purchased of William Davis another lot adjoining the first,…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
This was a bill in equity to restrain and remove a private nuisance. The plaintiff claimed a right of way by means of a three feet alley across the rear of the defendant’s lot, and he complained that the defendant had obstructed it by a permanent erection thereon. The District Court, from whence this appeal comes, refused a special injunction, and after the answer and proofs came in, dismissed the plaintiff’s bill without prejudice, but without filing any reasons of record.
The question to which we have first turned our attention is as to…
2Cases cited1 opinion
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
3Cited by23 opinions
- Lauderbach-Zerby Co. v. LewisSupreme Court of Pennsylvania · 1925
- Johnson v. WhelanSupreme Court of Oklahoma · 1935
- Wood v. McGrathSupreme Court of Pennsylvania · 1892
- Norback v. Board of Directors of Church Extension Soc.Utah Supreme Court · 1934
- Alstad v. BoyerSupreme Court of Minnesota · 1949
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