Mercantile Library Co. v. Fidelity Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 149, Jan. T., 1912, by plaintiff from decree of C. P. No. 5, Phila. Co., March T., 1909, No..2096, on bill in equity in case of Mercantile Library Company of Philadelphia v. Fidelity Trust Company, Trustee for the Methodist Episcopal Orphanage under the will of Joseph M. Bennett, deceased. Bill in equity for an injunction.
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Appeal, No. 149, Jan. T., 1912, by plaintiff from decree of C. P. No. 5, Phila. Co., March T., 1909, No..2096, on bill in equity in case of Mercantile Library Company of Philadelphia v. Fidelity Trust Company, Trustee for the Methodist Episcopal Orphanage under the will of Joseph M. Bennett, deceased. Bill in equity for an injunction. Ralston, J., filed an opinion which was in part as follows: First. [The fire-escape projects about four and one-half feet from the building and overhangs the alley. The permanent structure extends down to the second floor, and is connected with the ground by a…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This bill was filed to compel the removal of certain alleged obstructions to the free and uninterrupted use of a passageway created by an agreement in writing between private parties. Tbe assignments of error are numerous, but the legal questions involved with which we are primarily concerned are few and not difficult *11of solution. Our first inquiry must necessarily relate to the construction of the agreement of, 1864. What rights and privileges were granted by this agreement, and what kind of use in the passageway did the parties intend to be enjoyed? The words of…
2Cases cited4 opinions
- Connery v. BrookeSupreme Court of Pennsylvania · 1873
- Schmoele v. BetzSupreme Court of Pennsylvania · 1905
- Mershon v. WalkerSupreme Court of Pennsylvania · 1906
- Duross v. SingerSupreme Court of Pennsylvania · 1909
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- Hammond v. HammondSupreme Court of Pennsylvania · 1917
- Starling v. Lake Meade Property Owners Ass'nSupreme Court of Pennsylvania · 2017
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