Philadelphia v. Teller

Citations

• 50 Pa. Super. 260
• 1912 Pa. Super. LEXIS 39

Syllabus

<p>Municipalities — Control over streets — Awnings—Philadelphia—Act of April 16,1838, P. L. 626.</p> <p>1. Under the Act of April 16,1838, P. L. 626, the city of Philadelphia has authority to pass an ordinance requiring that all awnings extending over sidewalks-shall be supported by wrought-iron stringers and posts.</p> <p>2. A court of equity has jurisdiction to restrain the owner of a building on the south side of Chestnut street in the city of Philadelphia from maintaining an awning of iron with a glass roof attached to the front of his building and extending over the sidewalk unsupported by wrought iron stringers and posts.</p> <p>3. The highways belong to the commonwealth in trust for the great body of the people, and he who claims a peculiar privilege to invade them must establish his right under some statute or valid municipal regulation ordained in pursuance of statutory authority.</p>