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. Ac tions 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., 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 win dows and destroying the privacy of the ad joining 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 ac quired 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 inva sion of the soil; Commonwealth v. Harris, 10 Wkly. Notes & Cas. (Pa.) 10; Wood, Nui sance 113. Where it projects beyond the street line, it has been held in Pennsylvania a purpresture, and the erection of it may be restrained by injunction, although authorized by a special city ordinance; Cora. v. Harris, 10 Wkly. Notes Cas. (Pa.) 10; see Appeal of Reimer, 100 Pa. 182, 45 Am. Rep. 373; whether the window reached to the ground ; id.; or was built out of the second story; Com. v. Harris, 15 Phila. 10.
See AIR ; ANCIENT LIGHTS ; HIGHWAY ; BAY WINDOW ; LIGHT.