Schmidt v. Spaeth

The opinion of the court was delivered by

Gummere, Chief Justice.

This is an action of trespass based upon the claim that the defendant entered upon lands of the plaintiffs, and destroyed a fence erected thereon by them. The defendant justified his action because, as" he averred, the locus in quo which is known as French’s court, was a public highway, and the fence constituted an unlawful obstruction therein which interfered with his free use of the way.

The judgment under review was entered on a-verdict had at a second trial of this cause. At the first trial the same defence' was interposed,…