The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-24
The Ten Foot Privilege.

The sum and substance Of Judge Ed
wards ruling in the mandamus case
of John Jermyn against the city Of
Scranton is embodied in the sentence
which says that the relator's proposed
new hotel, with its two triple bay win.
dows extending from the ground
through at least five stories OF the
building, does not in the courts judg.
menf, violate the instructions con-
tanned in his deed nor does it offend
against the ordinances Of thu city of
Scranton regulating the construction
Of buildings" That being true. there
was no course open to the court but to
issue the order for peremptory man
damus directing Building Inspector
Nelson to issue the necessary permit
and pay the costs Of thS proceeding.
Judge Edwards outlines with much
care the nature of proceedings which
might have been instituted had the
present contention been one in equity
between adjoining lot owners; and iu-
cideutaily. it seems TO us. points the
way to individual relief from abuses of
the right Of land ownership as illus.
trated in the building of structures
that would deliberately offend agains.
the implied rights Of the neig borhooi.
He also very lucidly re.states the gen
eral legal questions growing ont Of the
ten'foot privilege as specified in the
deed Of the Llckawauna Iron and Coal
company to the borough of Scranton,
dated March :, 1857 OF these the in
qairies whether or not the city is in a
position, through its ordinances and
building inspector, to act as the
representative of the owners OF
adjoining property and to determine
their equitable rights by refusing
q permit to Guild whenever, in the
judgment of the inspector, the rsstric-
tions imposed by the deed on the ten
foo: privilege ara violated; whether or
not the city through lis control and
power over the streets and highways
OF the city representing the public in
the interest Of the general welfare Of
the public, has the right to interfere in
the premises; and finally, whether or
not the municipality, by deed, prescrip.
tion or otherwise, has acquired the
right to control the ten-foot reserya.
tlon as it does the streets, subject to
the rights OF the lot.owners under their
deed, are, indeed, Of vital Importance.
L. was the general expectation that
this case would afford the public the
pleasure Of Judicial determination Of
these delicate and serious points; bat
inasmuch as this was not deemed es-
sential to the adjudication OF the i'm.
mediate case at issue, we shall have to
await some further aud more general
action.
Ia the meantime it is undoubtedly
satisfactory to the community that a
technical obstacle will not longer in
terfere with the construction Of Mr.
Jermyn's much-needed hotel There
has been no general wish to hinder this
work. lis completion will add an or
nament to the architecture and a con-
venience to the attractivsness OF our
city which would far over-balance any
possible feeling Of repugnance TO the
proposed utilization Of a portion Of the
ten.foot privilege by the erection OF
two slightly bay windows. Ia a COM
munity which possesses the ugly street.
corner fruit stands cigar shops and
miscellaneous sheds that torment ped
estrians in Scranton it would be un
fortunate 10 have the first recent effort
at law enforcement operats to the dis
advantage Of a real public improve
ment