Barber v. Mensch
Supreme Court of Pennsylvania
Appeal, No. 23, July T., 1893, by plaintiff, William B. Barber, from judgment of C. P. Union Go., Dec. T., 1891, No. 46, on verdict for defendant, Benneville Menseh. Appeal from justice of the peace. Trespass for injuries caused by defendant’s cattle. Before McCetjre, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 23, July T., 1893, by plaintiff, William B. Barber, from judgment of C. P. Union Go., Dec. T., 1891, No. 46, on verdict for defendant, Benneville Menseh. Appeal from justice of the peace. Trespass for injuries caused by defendant’s cattle. Before McCetjre, P. J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows: “ The contention of the plaintiff is that the act of 1700, providing for the erection of fences about cornfields, and other inclosures, and naming the kind of fence, height of it, and manner of its construction, was repealed by the…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
Barber and Mensch are the occupants of adjoining farms in Limestone township, Union county. Where the farms adjoin east and west, there is a mill race wholly on Barber’s land, running with and very near the line. In the spring of 1891, B arber built at this place one half the partition fence, and left *395it in good condition; he also made repairs to the other half. Some of Mensch’s cattle pasturing on his side, írequentíy broke through the older part of the fence, and did considerable damage to Barber’s crops. Barber showed some forbearance under the repeated injuries,…
2Cases cited3 opinions
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