Legal Opinion

Young v. Thedieck

Ohio Court of Appeals

Decided February 13, 1918PublishedCited by 2 opinions

Appeal : Court of Appeals for Shelby county.

1Opinion of the CourtAllread, J.

This action was brought to obtain a mandatory injunction to compel the removal of an overhanging cornice.

The pleadings and agreed statement of facts show that in the construction of a1 four-story building the defendant extended the cornice some two or three feet over the premises of the plaintiffs. It appears that the cornice is above the plaintiffs’ building and does not interfere with the present use of the plaintiffs’ property.

There is a party wall between the buildings of the respective parties, which has been extended *104upward to accommodate and form part of the defendant’s structure.

The…

2Cases cited3 opinions

  1. Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
  2. Nash v. KempNew York Supreme Court · 1874
  3. Marion v. JohnsonSupreme Court of Louisiana · 1871

3Cited by2 opinions

  1. Salus Corp. v. OlshanCourt of Appeals for the Fourth Circuit · 1987
  2. Swetland v. Curtiss Airports CorporationCourt of Appeals for the Sixth Circuit · 1932

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