Whiteley v. Mortgage Service Co.

Opinion by

Mr. Justice Barnes,

This appeal presents the question whether an owner of leased premises was properly included in an order restraining a nuisance created upon its premises by a sub-lessee, over whose acts the owner had no control.

There is no serious controversy concerning the facts of the case. It appears that the Mortgage Service Company of Philadelphia, as liquidating trustee, is the owner of a large modern two-story garage of steel and concrete construction located at Nos. 538-540 North Sixty-Third Street in Philadelphia. The present structure was erected in 1924 and has been…