Mint Realty Co. v. Wanamaker

Citations

• 231 Pa. 277
• 79 A. 514
• 1911 Pa. LEXIS 828

Syllabus

<p>Equity — Injunction—Construction of cornice over highway — Custom— Evidence.</p> <p>An injunction will not be granted to restrain the construction of a cornice extending about eight feet from the building line over a highway twenty-eight feet wide between building lines, where the case is heard on bill and answer, and it appears that the defendant’s building is 247 feet high while the plaintiff’s building is only fifty-five feet high, and the averments of the bill as to special and irreparable injury are all specifically denied in the answer; the answer further averring the universal custom in the city to construct, as part of the architectural design of any building fronting on a public highway, a projecting cornice, the extent of the projection being further determined by height and design of the building, and that the plaintiff itself had in accordance with this custom encroached upon the street with the cornice of its own building to the extent proportionate to its height.</p>