Steffy v. Carpenter
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action on the case brought by George Carpenter against Daniel Steffy, for obstructing a private way claimed by him, over the adjacent lands of the defendant.
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Error to the Common Pleas of Lancaster county. This was an action on the case brought by George Carpenter against Daniel Steffy, for obstructing a private way claimed by him, over the adjacent lands of the defendant. The plaintiff was the owner of two adjoining tracts of land in Warwick township, Lancaster county; one of which, containing about seven acres, was bounded in front by the Lexington road; the other, containing about four acres, was situated at some distance from the road, in the rear of the first tract. In front of this four-acre tract, between it and the Lexington road, and…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— Judging of the amendment of the narr., by the cause of action set forth in the original count — and this is the only test — we think it was properly allowed. It was simply a statement of the same wrong done, as contained in the first count, to the right of way to which the plaintiff alleged he was entitled; with a slight difference in the description of the locus of the way, and without any special designation of the property to which it was claimed to be appurtenant. It is vain to contend that it is another and different road from that…
2Cases cited1 opinion
- Worrall v. RhoadsSupreme Court of Pennsylvania · 1837
3Cited by3 opinions
- Wildermuth v. LongSupreme Court of Pennsylvania · 1900
- City of Raton v. PollardCourt of Appeals for the Eighth Circuit · 1920
- Todd v. Quaker City Mutual Fire InsuranceSuperior Court of Pennsylvania · 1899