Yeakel v. Driscoll

I respectfully dissent. The majority opinion would make the equitable principle of de minimis applicable to cases in *244trespass quare clausum fregit. This is, in my view, contrary to the established law in Pennsylvania. Further, it violates several critical policy considerations. I would reverse the order of the court below and order the wall removed from appellant’s land within a specified period of time.

The law in Pennsylvania on this subject dates back to the last century. In Pile v. Pedrick, 167 Pa. 296, 31 A. 646 (1895), the Supreme Court of this Commonwealth had before it a case legally…