Bay Window

A window projecting from the wall of a building so as to form a recess or bay within and, properly speaking, rising from tbe ground or basement, with straight sides only; but the term is also ordinarily applied to such projecting windows with curved sides, properly called bow windows, and also to projecting windows supported from the building, above the ground, properly called oriel windows. The footways of streets being under municipal control, the authorities may determine the extent to which the sidewalks may be obstructed by such projections beyond the building line; their erection will not be enjoined by a court of equity if it appear that they will cause no appreciable injury, either by the finding of the master to that effect; Livingston v. Wolf, 136 Pa. 519, 20 Atl. 551, 20 Am. St. Rep. 936; or from the affidavits submitted on an application by the attorneygeneral to prevent the erection as a public nuisance; Gray v. Bay'nard, 5 Del. Ch. 499. Equity will not interfere in such cases at suit of a private person; Blanchard v. Reyburn, 1 W. N. C. (Pa.) 529; but will at suit of the attorney-general to prevent the erection of bay windows extending over the street; Commonwealth v. Harris, 10 W. N. C. (Pa.) 10; Com. v. Reimer, 39 Leg. Int. (Pa.) 108; and a second story bay window is a nuisance and will be restrained; Appeal of Reimer, 100 Pa. 182, 45 Am. Rep. 373.

See Lights, Ancient, A nut or bay-window which is maintained without authority of law, which encroaches on the public 13 Bl. Com. 121; 4 id. 216; Kirland v. State, 43 Ind. 148-56 (1873), cases; State v. Davis, 1 Hill, S. C, 46 (1833). "Barholt v. Wright, Sup. Ct. Ohio (1887), cases: 12 N. E. Kep. 185; 36 Alb. Law J. 3 (1887), cases. s [Zeller v. Tacht Oub, 34 La. An. 838 (1882), Todd, J.; 4 Hall's Law J. 518; 12 F. E. 295; 15 Wall. 650. 4 Morgan v. Livingston, 3 Mart. Ill (1819),- Martin, J.; ■ib. 11. See Municipality No. 2 11. Orleans Cotton Press, 18 La. 436 (1841). ' F. baud, gay, wanton: Ger. bald, bold, free. • Dyer v. Morris, 4 Mo. 316 (1835). 'State V. Boardman, 64 Me. 529 (1874); Mc Alister v. Clark, 33 Conn. 92 (1865); State v. Hand, 7 Iowa, 411 <1858);' Harwood v. People, 26 N. Y. 191 (1863); State v. Brunell, 29 Wis. 436 (1872), cases. highway, and is prejudicial to the interests of the community and of the rights of individual property owners, may be declared a' public nuisance and its continuance restrained. As, a window built in the second story of a house, sixteen feet above the sidewalk and projecting three and a halt feet beyond the property or building line.^