Schnable v. Koehler
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action on the case brought by John Koehler against Samuel Schnable, to recover damages for obstructing a certain private way. Koehler, the plaintiff, and Jacob Warner (of whom the defendant Schnable was tenant) owned adjoining lands, and the road in question followed the line, each one having his fence set back so as respectively to contribute equally to the road.
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Error to the Common Pleas of Northampton county. This was an action on the case brought by John Koehler against Samuel Schnable, to recover damages for obstructing a certain private way. Koehler, the plaintiff, and Jacob Warner (of whom the defendant Schnable was tenant) owned adjoining lands, and the road in question followed the line, each one having his fence set back so as respectively to contribute equally to the road. It was proved to have been thus used by the parties and those under whom they respectively claimed for a period of more than thirty years. In the spring of 1847, the fence…
1Opinion of the Court
The opinion of the court was delivered by
L0W5.IE, J.
We think there was no error in allowing the plaintiff to amend his declaration so as to charge that the act was an injury to his reversion, instead of his possession. The act complained of was the same. True enough, the liberality with which amendments are allowed in our practice does encourage slovenly and inaccurate habits among pleaders; but we think that this evil is more than compensated by the fact, that our practice discourages the hashing up of cases so as to give more prominence to the artificial forms of action than to the…
2Cases cited1 opinion
- Ripka v. SergeantSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Schienle v. EckelsSupreme Court of Pennsylvania · 1910
- Devlin v. SnellenburgSupreme Court of Pennsylvania · 1890
- Logan v. Pennsylvania Telephone Co.Superior Court of Pennsylvania · 1909