Dodson v. Brown
Superior Court of Pennsylvania
Appeal, No. 144, April T., 1918, by plaintiff, from decree of C. P. Allegheny Co., Jan. T., 1916, No. 249, dismissing bill in equity in case of Joseph R. Dodson v. D. Howard Brown. Bill in equity for a mandatory injunction. Before Haymaker, J. The court below dismissed the bill on the ground that there was an adequate remedy at law. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Kephart, J.,
The appellant asked for a mandatory injunction to compel the removal of a wall that encroached on his property one and seven-eighths inches at the rear. The court below found that the appellee had appropriated and was in possession of that portion of the appellant’s land covered by the wall without any right, privilege or license and that the appellee was admittedly a trespasser maintaining a continuing trespass, but dismissed the bill because the injury was not serious or oppressive and was readily compensated in damages. The court does not find, nor does the evidence…
2Cases cited3 opinions
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- Soifer Et Ux. v. Stein Et Ux.Superior Court of Pennsylvania · 1930
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