McGlumphy v. Lentz

Citations

• 69 Pa. Super. 36
• 1918 Pa. Super. LEXIS 9

Syllabus

<p>Building laws — PaA'ty walls — Reconstruction of wait — Act of May 8,1899, P. L. 198 — Constitutional law — Class legislation.</p> <p>Where the owner of one of two adjoining properties in the City of Philadelphia razes his building for the purpose of reconstruction, and it is found that the party wall, which was more than twenty-one years old, had a curve or bulge towards its centre so that it extended into the adjoining property from two to four inches more than the deeds called for, and the wall is condemned, and a new wall built along the exact property line, with the result that it left an opening between the properties so that the joists of the adjoining building, in some places barely touched the new wall, and in others did not reach it so as to have any support, the owner of the ■adjoining building is entitled to recover from his neighbor damages for rental losses sustained, and expenditures for necessary repairs to protect his property.</p> <p>In such a case the old wall must be considered as a consentable line in place for more than twenty-one years, and adopted as such by each owner. As the owner of the new building changed the line for his advantage and profited by the change, he should bear the burden of compensating his neighbor for the resulting damages.</p> <p>The Act of May 5, 1899, P. L. 198, does not violate the constitutional prohibition relating to class legislation.</p>