Window

An opening made in the wall of a house to admit light and air, and to enable those who are in to look out.

Cited in Hale v. Ins. Co., 46 Mo. App. 508.

The owner has a right to make as many windows in his house, when not built on the line of his property, as he may deem proper, although by so doing he may destroy the privacy of his neighbors; Bacon, Abr. Actions in General (B). In cities and towns it is evident that the owner of a house cannot open windows in the party wall, q. v. y without the consent of the owner of the adjoining property, unless he possesses the right of having ancient lights, which see. The opening of such windows and destroying the privacy of the adjoining property is not, however, actionable; the remedy against such encroachment is by obstructing them, without encroaching upon the rights of the party who opened them, so as to prevent a right from being acquired by twenty years’ use, 3 Camp. 82; Levy v. Brothers, 4 Misc. 48, 23 N. Y. Supp. 825. A bay or bow-window that projects over the land of another is a nuisance, and actionable as though it was an actual invasion of the soil; Commonwealth v. Harris, 10 Wkly. Notes & Cas. (Pa.) 10; Wood, Nuisance 113. Where it projects beyond the street line, it has been held in Pennsylvania a purpresture, and the erection of it may be restrained hy injunction, although authorized by a special city ordinance; Com. v. Harris, 10 Wkly. Notes Cas. (Pa.) 10; see Appeal of Reimer, 100 £a. 182, 45 Am. Rep. 373; whether the window reached to the ground; id.; or Iwas built out of the second story; Com. v. Harris, 15 Phila. 10. See Air; Ancient Lights; Highway; Bay Window; Light.