Legal Opinion

Berg v. Butler Savings & Trust Co.

Supreme Court of Pennsylvania

Decided January 2, 1912No. Appeal, No. 153PublishedCited by 2 opinions

Appeal, No. 153, Oct. T., 1911,, by plaintiffs, from decree of C. P. Butler Co., June T., 1910, No. 4, in Equity, dismissing bill in suit of Mary E. Berg et al. v. The Butler Savings & Trust Company. Bill in equity to restrain the obstruction of an alleyway, and for damages. Before Galbreath, P. J. The facts appear by the opinion of the Supreme Court. Error assigned among others was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Moschziskeb,

This was a proceeding in equity to restrain the obstruction of an alleyway in which the plaintiffs averred an easement, and to recover damages for alleged injuries to their property from the construction of a building upon the adjoining land of the defendant.

The plaintiffs’ property is situated in the borough of Butler at the southwest corner of High and Jefferson streets, containing forty feet in width on High street and extending eighty feet to the westward along Jefferson street. The defendant’s lot has the shape of an inverted “L,” the long arm of which…

2Cases cited2 opinions

  1. Chisholm v. ThompsonSupreme Court of Pennsylvania · 1911
  2. New Cumberland Borough v. Riverton Consolidated Water Co.Supreme Court of Pennsylvania · 1911

3Cited by2 opinions

  1. Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
  2. Moyn v. RoseSupreme Court of Pennsylvania · 1914

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