Legal Opinion

Evans v. Jayne

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 3 opinions

Certiorari to the Common Pleas, Philadelphia. This was a certiorari issued out of the Supreme Court to the Court of Common Pleas in the case of David Evans and Johannes Watson v. David Jayne, in the matter of the condemnation of the party-wall between certain premises fronting upon Dock street, in the city of Philadelphia.

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Certiorari to the Common Pleas, Philadelphia. This was a certiorari issued out of the Supreme Court to the Court of Common Pleas in the case of David Evans and Johannes Watson v. David Jayne, in the matter of the condemnation of the party-wall between certain premises fronting upon Dock street, in the city of Philadelphia. David Jayne, being about to erect a large building upon Dock street, adjoining the premises of Evans & Watson, became desirous of removing the party-wall in question; and in order to accomplish it called upon the city surveyor, to examine the wall and report as to its…

1Opinion of the Court

The opinion of the Court was delivered by

Lowrie, J.

There can be no available objection to the principle upon which our law as to party-walls is based. The law as to partition fences involves the same principle. It exists partially in London: St. 14 Geo. 3, c. 78. It has constituted part of the law of France for ages, and is fully carried out in the Code Napoleon, ss. 653-673. In that law (s. 659) we find the very provision on which this case proceeds, that the builder of a new house may take down a party-wall that is insufficient for his purposes, and rebuild it at his own expense; and this…

2Cited by3 opinions

  1. Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
  2. Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
  3. Heron v. HoustonSupreme Court of Pennsylvania · 1907

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