Kelly v. Donnelly
Superior Court of Pennsylvania
Appeal, No. 48, Jan. T., 1902, by defendant, from decree of C. P. Lackawanna Co., May T., 1899, No. 1, on bill in equity in case of Ellen C. Kelly v. James F. Donnelly. Bill in equity for an injunction. GtHnster, J., found tbe facts to be as follows : 1. Ellen -C. Kelly, the plaintiff, is the owner of a lot of land situated on the westerly side of Madison avenue, in the city of Scranton. The defendant, James F. Donnelly, is her neighbor.
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Appeal, No. 48, Jan. T., 1902, by defendant, from decree of C. P. Lackawanna Co., May T., 1899, No. 1, on bill in equity in case of Ellen C. Kelly v. James F. Donnelly. Bill in equity for an injunction. GtHnster, J., found tbe facts to be as follows : 1. Ellen -C. Kelly, the plaintiff, is the owner of a lot of land situated on the westerly side of Madison avenue, in the city of Scranton. The defendant, James F. Donnelly, is her neighbor. He is the owner of and resides on a lot of land which adjoins Mrs Kelly’s lot on the north. The lots are each 150 feet deep and are improved with…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The plaintiff and defendant own adjoining lots upon which houses were erected. By reason of the removal of one of the houses it became necessary to construct a portion of the fence between the properties. The trial judge finds, and the court on exceptions confirms the finding, “ That the fence is being built on the line, but in such a manner that the northerly face of the posts and rails will be on the mathematical division line between the lots in question, leaving the posts and rails entirely on Mrs. Kelly’s land; while the southerly face of the boards to be…
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