Mershon v. Fidelity Insurance, Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal, No. 231, Jan. T., 1903, by defendants, from decree of C. P. No. 2, Phila. Co., June T., 1901, No. 4026, on bill in equity in case of Kate M. Mershon and Albert H. Mershon, Trustee, v. The Fidelity Insurance, Trust and Safe Deposit Company, Trustee, and Thomas B. Wanamaker. Bill in equity for an injunction. The facts appear in the opinion of the court below by Wilt-BANK, J.: The findings of fact of the trial judge have not been the subject of exception.
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Appeal, No. 231, Jan. T., 1903, by defendants, from decree of C. P. No. 2, Phila. Co., June T., 1901, No. 4026, on bill in equity in case of Kate M. Mershon and Albert H. Mershon, Trustee, v. The Fidelity Insurance, Trust and Safe Deposit Company, Trustee, and Thomas B. Wanamaker. Bill in equity for an injunction. The facts appear in the opinion of the court below by Wilt-BANK, J.: The findings of fact of the trial judge have not been the subject of exception. They may be stated as follows: The plaintiffs’ own land fronting on the south side of Chestnut street, in this city, one hundred and…
1Opinion of the Court
Per Curiam,
From the facts as found by the learned court below it is established that the plaintiffs as abutting owners have an absolute right to a surface easement of passage over the alleyway in question, unimpeded, and substantially unchanged from the condition in which it has been heretofore used. The excavation made by defendants, even though permanently closed by an iron grating, is a substantial interference with the right of passage. It may not be necessary to “ solidly fill up with earth- the area way ” as commanded by the decree, though it has not been shown to us how that can be…
2Cited by9 opinions
- Dowgiel v. ReidSupreme Court of Pennsylvania · 1948
- Cain v. Aspinwall-Delafield Co.Supreme Court of Pennsylvania · 1927
- Allen v. ScheibSupreme Court of Pennsylvania · 1917
- Mershon v. WalkerSupreme Court of Pennsylvania · 1906
- Carter v. LebzelterSuperior Court of Pennsylvania · 1911
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