Kennedy v. Erdman
Supreme Court of Pennsylvania
Appeal, No. 120, Jan. T., 1892, by defendants, from judgment of C. P. York Co., Oct. T., 1889, No.' 26, on verdict for plaintiffs. Trespass for tearing down line fence. Plaintiff’s statement contained three counts, the first and second for obstructing an alleged right of way.
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Appeal, No. 120, Jan. T., 1892, by defendants, from judgment of C. P. York Co., Oct. T., 1889, No.' 26, on verdict for plaintiffs. Trespass for tearing down line fence. Plaintiff’s statement contained three counts, the first and second for obstructing an alleged right of way. The third was as follows“And the plaintiff further states and avers that heretofore, to wit on the day and year aforesaid and on divers others days and times between that day and the day of the commencement of .this suit, he the said defendant, with force and arms, etc., wrongfully and unlawfully broke and entered into…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
Litigation about line fences is one of the most expensive luxuries known to the law. This case is not an exception to the rule. The fence in controversy divided the property of the plaintiff from that of defendant, Karl Erdman. It appears to have been an old fence, and to have been standing on the same line for a long period of time, perhaps. fifty years. For *435some reason the defendant, Erdman, became dissatisfied with its location, alleging, as we understand it, that in some places it encroached upon him as much as two feet. Assuming to decide the law and…
2Cases cited1 opinion
- Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
3Cited by8 opinions
- Mosback v. Smith Bros.Montana Supreme Court · 1922
- Gulian v. Gulian, Pennsylvania Court of Common Pleas, Montgomery County1954
- Liebster v. LucasSuperior Court of Pennsylvania · 1923
- Schusler v. ClarkSuperior Court of Pennsylvania · 1912
- Mellick v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1901
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