Pentony v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Pentony v. Pennsylvania Railroad

80 A. 1052, 231 Pa. 464, 1911 Pa. LEXIS 868

CourtSupreme Court of Pennsylvania

DecidedApril 24, 1911

DocketAppeal, No. 64

StatusPublished

This text of 80 A. 1052 (Pentony v. Pennsylvania Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pentony v. Pennsylvania Railroad, 80 A. 1052, 231 Pa. 464, 1911 Pa. LEXIS 868 (Pa. 1911).

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Opinion

Per Curiam,

The finding of the court below that the defendant has encroached upon the lots belonging to the appellees has not been assigned as error, and they are, therefore, entitled to the order requiring the appellant to abate and remove from their property so much of the foundation or retaining walls as extend beyond the dividing or property line of the premises. The decree requiring the defendant to abate and remove all parts of its building protruding or projecting upon or overhanging the appellees’ premises, [466]*466is but an enforcement of the agreement of March 28,1904, between the appellant and the appellees’ predecessors in title.

Decree affirmed at appellant’s costs.

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Per Curiam,

The finding of the court below that the defendant has encroached upon the lots belonging to the appellees has not been assigned as error, and they are, therefore, entitled to the order requiring the appellant to abate and remove from their property so much of the foundation or retaining walls as extend beyond the dividing or property line of the premises. The decree requiring the defendant to abate and remove all parts of its building protruding or projecting upon or overhanging the appellees’ premises, [466]*466is but an enforcement of the agreement of March 28,1904, between the appellant and the appellees’ predecessors in title.

Decree affirmed at appellant’s costs.

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Bluebook (online)

80 A. 1052, 231 Pa. 464, 1911 Pa. LEXIS 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pentony-v-pennsylvania-railroad-pa-1911.