Knappenberger v. Roth
Supreme Court of Pennsylvania
Appeal, No. 139, Jan. T., 1893, by plaintiff, Thomas Knappenberger, from judgment of G. P. Le-high Co., Jan.'T., 1892, No. 56, for no more costs than damages, on verdict for plaintiff, against Paul Roth. Appeal from justice of the peace. The facts as they appeared in the court below before Al-bright, P. J., are stated in the opinion of the Supreme Court, Errors assigned wore, (1) entry of judgment as stated below, (2) not entering judgment for full costs.
1Opinion of the Court
Opinion by
Mu. Justice Dean,
Knappenberger and Roth were the owners of adjoining farms in South Whitehall township, Lehigh county. They maintained jointly a partition fence between them. In 1891, Knappenberger planted one of the fields on his side with corn; at the same time Roth pastured his cattle in his field on the opposite side. One of his cattle was a mischievous cow that often broke the fence between, and then the whole herd would pass through and destroy the corn. Knappenberger several times notified Roth of this propensity of his cow, and requested him to take her out of the herd, but…
2Cases cited4 opinions
- King v. BoylesSupreme Court of Pennsylvania · 1858
- Simonds v. BartonSupreme Court of Pennsylvania · 1874
- Winger v. RifeSupreme Court of Pennsylvania · 1882
- Guffey v. FreeSupreme Court of Pennsylvania · 1852
3Cited by7 opinions
- Birkhead v. WardSuperior Court of Pennsylvania · 1908
- Shafer v. CascioSupreme Court of Pennsylvania · 1926
- Henning v. KeiperSuperior Court of Pennsylvania · 1910
- Soltaniuk v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1939
- Dornon v. McCarthySuperior Court of Pennsylvania · 1965
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