Godino v. Kane
Superior Court of Pennsylvania
Appeal, No. 144, April T., 1904, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1903, No. 387, dismissing bill in equity, in case of Antonio Godino v. William Kane. Bill in equity to restrain defendant from building over the one half of an alley. Before Frazer, P. J. The opinion of the Superior Court states the case. The court entered a decree dismissing the bill. Error assigned was the decree of the court.
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Appeal, No. 144, April T., 1904, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1903, No. 387, dismissing bill in equity, in case of Antonio Godino v. William Kane. Bill in equity to restrain defendant from building over the one half of an alley. Before Frazer, P. J. The opinion of the Superior Court states the case. The court entered a decree dismissing the bill. Error assigned was the decree of the court. That an alley used by both of two adjoining owners and laid out on land belonging to each, and which has been used for the prescriptive period, without objection by…
1Opinion of the Court
Opinion by
Henderson, J.,
We do not agree with the learned court below in the conclusion that under the evidence presented the use of the private alley described in the bill was permissive. The plaintiff claims an easement based upon the fact of the existence of the alley and its use by himself and his predecessors in title for about sixty years ; after the lapse of so great a time the plaintiff coqld not be required or expected to produce witnesses showing the inception of the use or the design of the adjoining owners in establishing the alley as indicated by the fences then built and the…
2Cases cited6 opinions
- Garrett v. JacksonSupreme Court of Pennsylvania · 1853
- Manbeck v. JonesSupreme Court of Pennsylvania · 1899
- Pierce v. CloudSupreme Court of Pennsylvania · 1862
- O'Neil v. McKeesportSupreme Court of Pennsylvania · 1902
- Carter v. Tinicum Fishing Co.Supreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wampler v. ShenkSupreme Court of Pennsylvania · 1961
- Mitchell v. BovardSupreme Court of Pennsylvania · 1924
- Andreas v. SteigerwaltSuperior Court of Pennsylvania · 1905
- Steel v. YocumSuperior Court of Pennsylvania · 1959
- Klavon v. TindallSuperior Court of Pennsylvania · 1956
7 more not listed; retrieve them via the Exa API.