Bussier v. Weekey
Superior Court of Pennsylvania
Appeal, No. 64, Nov. T., 1896, by plaintiff, from decree of O. P. No. 1, Phila. Co., Sept. T., 1895, No.'131, dismissing plaintiff’s bill. Bill to restrain trespass on real estate and demurrer thereto.
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Appeal, No. 64, Nov. T., 1896, by plaintiff, from decree of O. P. No. 1, Phila. Co., Sept. T., 1895, No.'131, dismissing plaintiff’s bill. Bill to restrain trespass on real estate and demurrer thereto. Before Biddle, P. J. The facts are disclosed from the following abstract of bill and demurrer: The bill sets forth that the plaintiff, a widow, is owner in fee of premises 240 Harvey street, Germantown, Philadelphia ;■ that she has owned and occupied, them continuously for about twenty-eight years, keeping all the fences and other boundary marks during that time on precisely the same lines as…
1Opinion of the Court
Opinion by
Rice, P. J.,
By the act of June 16, 1836, extended throughout the commonwealth by the act of 1851, the courts of common pleas are given the power and jurisdiction of courts of chancery, so far-as relates to the prevention or restraint of the commission or continuance of acts contrary to law and prejudicial to the interests of the community or the rights of individuals. Under this section the court has undoubted power to restrain the commission of trespasses where the remedy at law would be inadequate. If the trespass is fugitive and temporary, then adequate compensation can be…
2Cases cited13 opinions
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- Allison's AppealSupreme Court of Pennsylvania · 1875
- Rhea v. ForsythSupreme Court of Pennsylvania · 1861
- Masson & Besanson's AppealSupreme Court of Pennsylvania · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bussier v. WeekeySuperior Court of Pennsylvania · 1899
- Fuller v. FiskSuperior Court of Pennsylvania · 1910
- Bender v. Akron Borough, Pennsylvania Court of Common Pleas, Lancaster County1930
- McBurnie v. Grohol, Pennsylvania Court of Common Pleas, Mercer County1972