Yerger v. Warren
Supreme Court of Pennsylvania
Error to the Common Pleas of Berlcs county. This was an action of trespass, originally brought before a justice of the peace, by Jacob Warren against Daniel Yerger and Hannah his wife, for damages alleged to have been sustained by the act of the defendants, in taking down the partition fence between the parties, and depositing a quantity of earth on the plaintiff’s lot. The parties were the occupants of adjoining properties in the city of Reading.
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Error to the Common Pleas of Berlcs county. This was an action of trespass, originally brought before a justice of the peace, by Jacob Warren against Daniel Yerger and Hannah his wife, for damages alleged to have been sustained by the act of the defendants, in taking down the partition fence between the parties, and depositing a quantity of earth on the plaintiff’s lot. The parties were the occupants of adjoining properties in the city of Reading. In 1856, Hannah Yerger and Charles Panebacher, her son, who owned the. defendants’ lot in fee, entered into a contract with a carpenter to erect a…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
This was an action of trespass vi et armis, brought by Warren, the plaintiff below, against Yerger and wife. The alleged injury complained of was,throwing earth and stone upon a garden occupied by the plaintiff. The materials had been deposited there by the workmen of Daniel Spohn, who had contracted with Mrs. Yerger, one of the defendants, to build a house for her upon her lot adjoining the garden of the plaintiff, and the injury had been done while the house was in process of construction. The only evidence to connect the defendants with…
2Cases cited1 opinion
- Philadelphia, Germantown & Norristown Rail Road v. WiltSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Terry v. BurfordTennessee Supreme Court · 1914
- Philadelphia & Delaware County Railroad v. ConwaySupreme Court of Pennsylvania · 1896
- Billet v. Bauder, Pennsylvania Court of Common Pleas, Dauphin County1922