Mercantile Library Co. v. University of Pennsylvania
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1901, by plaintiff, from decree of O. P. No. 5, Phila. Oo., J une T., 1902, No. 3,458, dismissing bill in equity in case of Mercantile Library Company of Philadelphia v. Trustees of the University of Pennsylvania. Bill in equity for an injunction. The facts appear by the opinion of the Supreme Court. The court entered a decree dismissing the bill. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The assignments of error raise two questions on this appeal: (1) Did the court below err in holding that the rear wall of the defendants’ building is not a party wall; and (2) if it is not a party wall, should the court have entered a decree requiring the removal of the foundation wall so far as it encroaches upon the plaintiff’s property ?
We think the learned trial judge was right in holding that the rear wall of the defendants’ building, known as the Chestnut Street Opera House, was not a party wall. The plaintiff’s predecessor in title in 1859 laid out and…
2Cases cited7 opinions
- Brown v. WernerCourt of Appeals of Maryland · 1874
- Pile v. PedrickSupreme Court of Pennsylvania · 1895
- Barry v. EdlavitchCourt of Appeals of Maryland · 1896
- Appeal of Western National BankSupreme Court of Pennsylvania · 1883
- Ahl v. Harrisburg etc. R.Supreme Court of Pennsylvania · 1889
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3Cited by10 opinions
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