Legal Opinion

Tesson v. Porter Co.

Supreme Court of Pennsylvania

Decided January 6, 1913No. Appeal, No. 69PublishedCited by 20 opinions

Appeal, No. 69, Oct. T, 1912, by plaintiff, from decree of O. P. No. 2, Allegheny Co., Jan. T., 1911, No. 442, in equity, dismissing the bill in equity in the case of Gertrude M. Tesson v. H. K. Porter Company, a corporation of Pennsylvania. Bill in equity to restrain the obstruction of a street. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 69, Oct. T, 1912, by plaintiff, from decree of O. P. No. 2, Allegheny Co., Jan. T., 1911, No. 442, in equity, dismissing the bill in equity in the case of Gertrude M. Tesson v. H. K. Porter Company, a corporation of Pennsylvania. Bill in equity to restrain the obstruction of a street. The facts are stated in the opinion of the Supreme Court. Error assigned was the dismissal of the bill. — The mere adoption of the plan of lots after the approval of the municipal plan was not sufficient to deprive the lot owners of a private easement in the street and alley, as shown on the plan.…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The purpose of appellant’s bill is to restrain the ap*507pellee, a manufacturing company, from closing or in any manner obstructing or building upon either Forty-ninth street (formerly Lothrop street) or Hulburt alley (formerly Hemlock alley) between Forty-ninth and Fiftieth streets, in the City of Pittsburgh. Sometime prior to December 4, 1866, P. Harvey Miller became the owner of a tract of land in what was then Collins Township, Allegheny County. This tract included a piece of ground bounded on the south by Butler street, on the west by the centre line of…

2Cases cited9 opinions

  1. Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
  2. O'Donnell v. PittsburghSupreme Court of Pennsylvania · 1912
  3. Transue v. SellSupreme Court of Pennsylvania · 1884
  4. Garvey v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1906
  5. In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888

4 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Cohen v. Simpson Real Estate Corp.Supreme Court of Pennsylvania · 1956
  2. Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
  3. Stoever v. GowenSupreme Court of Pennsylvania · 1924
  4. Titusville Amusement Co. v. Titusville Iron Works Co.Supreme Court of Pennsylvania · 1926
  5. Hawkes v. PhiladelphiaSupreme Court of Pennsylvania · 1919

15 more not listed; retrieve them via the Exa API.

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