Benson v. Laurel Hill Cemetery Co.

Citations

• 68 Pa. Super. 242
• 1917 Pa. Super. LEXIS 104

Syllabus

<p>Cemetery companies — Care of lots — By-lavis- — Rights of lot holders.</p> <p>Where a cemetery company conveys by deed a lot in its cemetery with “the full, free and absolute right of sepulture and the exclusive use, occupation and possession for that purpose, and for all objects and purposes incident into and upon” such lot, subject to the charter of the company and its by-laws then existing, or thereafter to be enacted, a by-law enacted many years after the date of such deed, is unreasonable and void, if it provides that no person shall be permitted to enter the cemetery “for hire for the purpose of cutting grass, planting flowers, sodding and grading at the instance and direction of any lot owner.”</p> <p>The enforcement of such a by-law will be restrained by injunction; but in entering the decree for an injunction, the court will not include tbe right of the lot owner to grade at will. Cedar Hill Cemetery Co. v. Lees, 22 Pa. Superior Ct. 405, distinguished.</p>