Llewellyn v. Cauffiel

Citations

• 215 Pa. 23
• 64 A. 388
• 1906 Pa. LEXIS 723

Syllabus

<p>Equity — Equity practice — Evidence—Admission of evidence — Disregarding evidence — Harmless error.</p> <p>A decree on a bill in equity will not be reversed on the ground that evidence was erroneously admitted, where it appears that such evidence was entirely eliminated from the case by the trial judge in arriving at his conclusion.</p> <p>Equity — Injunction—Right of way — Possession of land.</p> <p>On a bill in equity to restrain the erection of a trestle on a triangular piece of land on the ground that the erection of the trestle would interfere with the mining operations of the plaintiff, the court found as a fact that the plaintiffs were entitled only to a right of way over the land, and that the erection of the trestle did not interfere with the use of such right of way. Held, that it was proper to dismiss the bill.</p> <p>In such a case the right of the plaintiffs to an injunction does not depend on whether the defendant has title to the land but whether the plaintiffs have the title or the right to the possession of it. If they have neither, except as to a right of way, they cannot contest the defendant’s right to occupy any other part of the premises.</p> <p>Elkin, J., dissents.</p>