Bowers v. Myers
Supreme Court of Pennsylvania
Appeal, No. 335, Jan. T., 1911, by defendant, from decree of C. P. Lancaster Co., Equity Docket, No. 5, page 229, on bill in equity in case of Herbert B. Bowers and Eugene R. Russel v. John H. Myers and G. W. Dorsbeimer. Bill in equity for an injunction. Before Landis, P. J. Tbe facts are stated in tbe opinion of tbe Supreme Court.
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Appeal, No. 335, Jan. T., 1911, by defendant, from decree of C. P. Lancaster Co., Equity Docket, No. 5, page 229, on bill in equity in case of Herbert B. Bowers and Eugene R. Russel v. John H. Myers and G. W. Dorsbeimer. Bill in equity for an injunction. Before Landis, P. J. Tbe facts are stated in tbe opinion of tbe Supreme Court. Error assigned was decree awarding injunction. — Tbe Court will take into consideration evidence of tbe acts performed by tbe parties in interpreting an agreement as to tbe intention of tbe parties thereto: Weidner v. Dauth, 21 Pa. C. C. R. 440. Tbe general rule…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was a bill in equity filed by the plaintiffs to re- . strain the defendants from obstructing them in the use *536of an alley. The right of plaintiffs to a certain use of the alley is not denied, but the extent of that right is in dispute. Plaintiffs claim the right to use the alley ás a driveway for horses and vehicles. Defendants seek to limit them to the use of the alley as a footway for persons. The learned trial judge found the facts substantially as follows: The properties of both plaintiffs and defendants were owned by John Miller, who acquired title to…
2Cases cited5 opinions
- Benner v. JunkerSupreme Court of Pennsylvania · 1899
- Gunson v. HealySupreme Court of Pennsylvania · 1882
- Condron v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
- Standard Soap & Oil Co. v. Printz Degreasing Co.Supreme Court of Pennsylvania · 1911
- Yerger v. HunnSupreme Court of Pennsylvania · 1911
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- Piper v. MowrisSupreme Court of Pennsylvania · 1976
- Zettlemoyer v. Transcontinental Gas Pipeline Corp.Supreme Court of Pennsylvania · 1995
- Babcock Lumber Co. v. FaustSuperior Court of Pennsylvania · 1944
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