peculiar privilege in Pennsylvania

1912The 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: Livingston v. Wolf, 136 Pa. 519 ; Com. v. Harris, 15 Phila. 10 ; Kopf v. Utter, 101 Pa. 27 ; Com. v. Kembel, 30 Pa. Superior Ct. 199 .

1906The highways belong to the commonwealth, in trust for the great body of the people, and that any one who claims a peculiar privilege to invade them must establish beyond peradvenbure his title under some act of legislative power to do so, is well settled. “ Projecting windows from an upper story interfere to some extent with the ordinary and proper enjoyment of rights which are free to all, and one who appropriates the space above the foot way creates a purpresture by making several to himself that which ought to be common to many.” This case is ruled by Reimer’s Appeal, 100 Pa. 182 ; Kopf v.

1960Livingston v. Wolf, 136 Pa. 519 ; Commonwealth v. Harris, 15 Phila. 10 ; Kopf v. Utter, 101 Pa. 27 ; Commonwealth v. Kembel, 30 Pa. Superior Ct. 199’.” Plaintiff’s rights in this case, to make a special use of the highway not common to all citizens, are conferred by the Act of 1874, as amended.

1912The 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: Livingston v. Wolf, 136 Pa. 519 ; Com. v. Harris, 15 Phila. 10 ; Kopf v. Utter, 101 Pa. 27 ; Com. v. Kembel, 30 Pa. Superior Ct. 199 .

1960Livingston v. Wolf, 136 Pa. 519 ; Commonwealth v. Harris, 15 Phila. 10 ; Kopf v. Utter, 101 Pa. 27 ; Commonwealth v. Kembel, 30 Pa. Superior Ct. 199’.” Plaintiff’s rights in this case, to make a special use of the highway not common to all citizens, are conferred by the Act of 1874, as amended.

1912The 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: Livingston v. Wolf, 136 Pa. 519 ; Com. v. Harris, 15 Phila. 10 ; Kopf v. Utter, 101 Pa. 27 ; Com. v. Kembel, 30 Pa. Superior Ct. 199 .

1960As this Court stated in Philadelphia v. Teller, 50 Pa. Superior Ct. 260 , at page 265: ‘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.

1960As this Court stated in Philadelphia v. Teller, 50 Pa. Superior Ct. 260 , at page 265: ‘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.

1906The highways belong to the commonwealth, in trust for the great body of the people, and that any one who claims a peculiar privilege to invade them must establish beyond peradvenbure his title under some act of legislative power to do so, is well settled. “ Projecting windows from an upper story interfere to some extent with the ordinary and proper enjoyment of rights which are free to all, and one who appropriates the space above the foot way creates a purpresture by making several to himself that which ought to be common to many.” This case is ruled by Reimer’s Appeal, 100 Pa. 182 ; Kopf v.

1906The highways belong to the commonwealth, in trust for the great body of the people, and that any one who claims a peculiar privilege to invade them must establish beyond peradvenbure his title under some act of legislative power to do so, is well settled. “ Projecting windows from an upper story interfere to some extent with the ordinary and proper enjoyment of rights which are free to all, and one who appropriates the space above the foot way creates a purpresture by making several to himself that which ought to be common to many.” This case is ruled by Reimer’s Appeal, 100 Pa. 182 ; Kopf v.

1906The highways belong to the commonwealth, in trust for the great body of the people, and that any one who claims a peculiar privilege to invade them must establish beyond peradvenbure his title under some act of legislative power to do so, is well settled. “ Projecting windows from an upper story interfere to some extent with the ordinary and proper enjoyment of rights which are free to all, and one who appropriates the space above the foot way creates a purpresture by making several to himself that which ought to be common to many.” This case is ruled by Reimer’s Appeal, 100 Pa. 182 ; Kopf v.