McLean v. F. W. Woolworth Co.

Hasbrouck, J. (dissenting):

The action is in equity to restrain defendant from adding stories to the building now on the premises granted originally to one of the defendant’s predecessors in title. The deed contained a restriction and created a negative easement in these words: *124“ The building erected or to be erected on lot hereby conveyed to be only one story high.”

The effect of such a restriction is to create an easement in favor of the premises retained by the grantor. (Brown v. O’Brien, 168 Mass. 487, and cases cited; Hobson v. Cartwright, 93 Ky. 368; Meigs v. Lewis, 164 Penn. St. 597;…