Mershon v. Walker

Citations

• 215 Pa. 41
• 64 A. 403
• 1906 Pa. LEXIS 725

Syllabus

<p>Easement — Alley—Obstruction of easement — Equity.</p> <p>Where a person's easement in a private alley or court is defined in his deed as “the common use and privilege of said twenty feet wide court with or without horses, cattle and carriages,” and, “of a water course therein,” such person cannot complain of any use of the space above or beneath the surface not affecting the rights defined by his deed; but doors or shutters which when open project into the court, or a fire escape used as an exit for a theater, which projects into the court, so as to interfere with the rights of the owner of the easement, will be enjoined. Schmoele v. Betz, 2X2 Pa. 32, followed.</p>