Ritter v. Sieger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term, 1884, No. 109. . Trespass, q. e. /., by Sarah E. Sieger, executrix of Reuben Sieger, deceased, against Jacob Ritter and Mrs. Mary E. Brobst, née Ritter, to recover damages for an alleged illegal use by defendants of a certain wall belonging to the estate of plaintiff’s testator. Pleas, not guilty, with leave, etc., liberum tenementum.
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Error to the Court of Common Pleas of Lehigh county: Of January Term, 1884, No. 109. . Trespass, q. e. /., by Sarah E. Sieger, executrix of Reuben Sieger, deceased, against Jacob Ritter and Mrs. Mary E. Brobst, née Ritter, to recover damages for an alleged illegal use by defendants of a certain wall belonging to the estate of plaintiff’s testator. Pleas, not guilty, with leave, etc., liberum tenementum. On the trial, before Hagenman, P. J., of the 28d Judicial District, the following facts appeared: Mrs. Brobst and Reuben Sieger, deceased, were owners of contiguous lots in the city of…
1Opinion of the CourtJustice Paxsox
This case Avas tried by both the parties in the court beloAv in a manner that Avas altogether peculiar. We shall deal with-it as it was there presented.
It is sufficient to say, in regard to the first specification of error, that under all the circumstances of the case the court below could not properly have directed a verdict for the defendants. It was a case to submit to the jury.
The second assignment alleges that the court erred in charging that “ The first question for you to settle is, was this a party wall? It appears to be claimed upon both sides that this is a Avail in the nature of a…
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