Legal Opinion

Dodson v. Brown

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 144PublishedCited by 9 opinions

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

  1. Pile v. PedrickSupreme Court of Pennsylvania · 1895
  2. Wagner v. KingSuperior Court of Pennsylvania · 1909
  3. Marino v. Hartford Fire InsuranceSupreme Court of Pennsylvania · 1910

3Cited by9 opinions

  1. BIG BASS LAKE COMMUNITY ASS'N v. WarrenCommonwealth Court of Pennsylvania · 2008
  2. Peters v. DavisSupreme Court of Pennsylvania · 1967
  3. Ventresca v. VentrescaSuperior Court of Pennsylvania · 1956
  4. Denhart Et Ux. v. Valicenti Et Ux.Superior Court of Pennsylvania · 1944
  5. Soifer Et Ux. v. Stein Et Ux.Superior Court of Pennsylvania · 1930

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