Haverstick v. Sipe
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action on the case .by Samuel W. Haverstiek against David Sipe, for erecting a fence whereby the windows of the plaintiff’s house were obstructed; and for making a sink so near to the plaintiff’s wall that the contents thereof penetrated into his premises.
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Error to the Common Pleas of Cumberland county. This was an action on the case .by Samuel W. Haverstiek against David Sipe, for erecting a fence whereby the windows of the plaintiff’s house were obstructed; and for making a sink so near to the plaintiff’s wall that the contents thereof penetrated into his premises. The plaintiff obtained a verdict for the latter injury; but under the instruction of the court there was a verdict for the defendant, in respect to the stopping of the plaintiff’s lights, which was the only matter before this court. The plaintiff and defendant owned and occupied…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
It has never been considered, in this state, that a contract for the privilege of light and air over another man’s ground could be implied from the fact that such a privilege has been long enjoyed; or that, on a sale of a house and lot, such a contract could be implied from the character of the improvements on the lot sold, and the adjoining lots.
There is a sort of necessity for such an implication relative to other apparent easements, such as roads and alleys, in order to account for a use of another man’s land that would otherwise be a…
2Cited by8 opinions
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- NOC, INC. v. SchaeferNew Jersey Superior Court Appellate Division · 1984
- Cohen Et Ux. v. Perrino Et Ux.Supreme Court of Pennsylvania · 1946
- Maioriello v. ArlottaSupreme Court of Pennsylvania · 1950
- Ventresca v. VentrescaSuperior Court of Pennsylvania · 1956
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