Hoffstot v. Voight
Pennsylvania Court of Common Pleas, Alleghany County
No. 249 October Term 1891, Sup. Ct.; court below, No. 568 December Term 1886, C. P. No. 1. To the number and term stated of the court below, G. N. Hoffstot brought an action of debt against L. H. Yoight, to recover the one half of the cost of erecting a party-wall on the line between properties owned by the plaintiff and the defendant respectively. Issue.
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No. 249 October Term 1891, Sup. Ct.; court below, No. 568 December Term 1886, C. P. No. 1. To the number and term stated of the court below, G. N. Hoffstot brought an action of debt against L. H. Yoight, to recover the one half of the cost of erecting a party-wall on the line between properties owned by the plaintiff and the defendant respectively. Issue. At the trial, on February 18, 1890, the following facts were shown: The act of April 8, 1872, P. L. 986, regulating party-walls in the city of Pittsburgh, prescribes, in §§ 1-3, the proceedings to be taken when the owner of any lot desires…
1Opinion of the Court
Opinion,
Me. Justice Mitchell’:
The regulation of party-walls is a very ancient form of exercise of the police power, and came to Pennsylvania from the customs of London, like so many other parts of our early law. Those interested will find the subject discussed in a note to Bloch v. Isham, 7 Amer. L. Reg., N. S., 10. But such regulation, as it exists in this and most others states, is an interference with the rights and enjoyment of property, sustainable only on the police power, and therefore to be governed and measured by the strict extent of the statutory grant. «
The plaintiff’s right to…
2Cited by7 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Heron v. HoustonSupreme Court of Pennsylvania · 1907
- Clothier v. Hoffman Co.Supreme Court of Pennsylvania · 1918
- German National Bank v. MellorSupreme Court of Pennsylvania · 1913
- District of Columbia v. MattinglyDistrict of Columbia Court of Appeals · 1906
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