Hayes v. Arcade Real Estate Co.
Supreme Court of Pennsylvania
Appeal, No. 357, Jan. T., 1916, by plaintiff, from decree of C. P. No. 4, Philadelphia Co., June T., 1915, No. 4849, in equity, refusing an injunction, in case of William A. Hayes, Surviving Executor and Trustee under the Will of Joseph Grandon, Deceased, v. The Arcade Real Estate Company, a corporation. Bill in equity for an injunction. Before Carr, J. The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed.
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Appeal, No. 357, Jan. T., 1916, by plaintiff, from decree of C. P. No. 4, Philadelphia Co., June T., 1915, No. 4849, in equity, refusing an injunction, in case of William A. Hayes, Surviving Executor and Trustee under the Will of Joseph Grandon, Deceased, v. The Arcade Real Estate Company, a corporation. Bill in equity for an injunction. Before Carr, J. The opinion of the Supreme Court states the facts. The court on final hearing dismissed the bill. Plaintiff appealed. Errors assigned were in dismissing exceptions to various findings of fact and law, and the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff’s bill was to compel defendant, an adjoining owner, to remove such portion of an underpinning party wall, constructed by defendant and alleged to encroach on the land of plaintiff to a greater extent than ten inches allowed by the Act of May 7, 1855, P. L. 464, and to compel defendant to close certain openings and windows in a new portion of the party wall constructed by defendant. The bill was dismissed and plaintiff appealed.
The material facts of the case are not disputed. The parties are owners of adjoining lots on Market street, Philadelphia, being…
2Cases cited8 opinions
- Appeal of Western National BankSupreme Court of Pennsylvania · 1883
- Anthracite Lumber Co. v. LucasSupreme Court of Pennsylvania · 1915
- Milne's AppealSupreme Court of Pennsylvania · 1876
- Duffey v. JenningsSupreme Court of Pennsylvania · 1915
- Pennsylvania Co. v. Odd FellowsSuperior Court of Pennsylvania · 1912
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