Mershon v. Fidelity Insurance, Trust & Safe Deposit Co.

Citations

• 208 Pa. 292
• 57 A. 569
• 1904 Pa. LEXIS 747

Syllabus

<p>Easement — Right of way — Equity.</p> <p>Where each of two adjoining owners has an easement of passage over an alley, one cannot make an excavation in the alley for an areaway to obtain access to his building and to secure light and air for his basement, and the court will not only enjoin the use of such areaway, but will order it to be solidly filled up, unless it is made to appear that it can be used so as not to be a substantial interference with the right of passage.</p>