Hettrick v. Eby
Superior Court of Pennsylvania
Appeal, No. 103, Oct. T., 1915, by defendant, from judgment of O. P. Northumberland Co., Sept. T., 1913, No. 126, on verdict for plaintiff in case of Precilla Hettrick v. Emma L. Eby. Trespass to recover damages for the obstruction of an alley located on the southern end of five contiguous lots in Shamokin Borough.
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Appeal, No. 103, Oct. T., 1915, by defendant, from judgment of O. P. Northumberland Co., Sept. T., 1913, No. 126, on verdict for plaintiff in case of Precilla Hettrick v. Emma L. Eby. Trespass to recover damages for the obstruction of an alley located on the southern end of five contiguous lots in Shamokin Borough. Before Cummings, P. J. From the record it appeared that the lots in question were bound on the north by Spruce street on the east by Carbon run on the south by the alley in question and on the west by Fifth street. They originally fronted on Fifth street but were replotted to front…
1Opinion of the Court
Opinion by
Kephart, J.,
William H. Eby and Cornelius Feese in 1878 were the owners of five contiguous lots of ground in the Borough of Shamokin. The lots fronted on Fifth street and extended in an easterly direction to Carbon street. Eby *27and Feese replotted the lots and fronted them on Spruce street. In 1889 they sold a portion of these lots to Elias Malick, the deed of conveyance using the following language : “It is hereby understood that an alley ten feet in width along the southern line of the above described pieces of ground shall be kept open for ever.” On this same date the same grantors…
2Cases cited5 opinions
- Fitzell v. PhiladelphiaSupreme Court of Pennsylvania · 1905
- Hershey v. H. S. Kerbaugh, Inc.Supreme Court of Pennsylvania · 1913
- Union Burial Ground Society v. RobinsonSupreme Court of Pennsylvania · 1839
- Welliver v. Pennsylvania Canal Co.Superior Court of Pennsylvania · 1903
- Lucot v. RodgersSupreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Commonwealth Trust Co. v. HehSuperior Court of Pennsylvania · 1930
- Snyder v. Oswalt, Pennsylvania Court of Common Pleas, Somerset County1984