Yeatts v. Doyle

Citations

• 190 Pa. 129
• 42 A. 468
• 1899 Pa. LEXIS 995

Syllabus

<p>Equity — Injunction—Interference with alley.</p> <p>On a bill for an injunction to restrain defendants from interfering with plaintiffs’ use of an alley, in the rear of the premises occupied by them under a lease, it appeared that plaintiffs by their lease had “ the privilege of a passageway in the rear leading into ” a street. After the date of the lease defendant acquired title to the lot occupied by plaintiffs, and also to the adjoining lot, for the purpose of erecting thereon a large office building. Before work was begun, defendants wrote plaintiffs’ attorney that during the progress of the work the alleyway would be preserved intact, and a clear passage through it afforded to plaintiffs. To this the attorney replied that his clients were pleased to receive the information and would rely upon defendants’ assurance that they were to have the unobstructed use of the alley. While the alley was necessarily changed in appearance above and underneath, during the progress of the work, it was not obstructed, but was maintained at its full width, and in a condition for plaintiffs’ constant use. Held, that the court committed no error in refusing an injunction.</p>