Legal Opinion

Jenkins v. Fowler

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 26 opinions

ERROR to tbe Common. Pleas of Bradford county. This was an action on the case by Lewis D. Eowler v. George Jenkins, for removing a fence, by which injury was sustained by the plaintiff. Eowler and Jenkins owned lands adjoining each other, the division line running east and west. A public road had been laid out on the division line through their unimproved land.

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ERROR to tbe Common. Pleas of Bradford county. This was an action on the case by Lewis D. Eowler v. George Jenkins, for removing a fence, by which injury was sustained by the plaintiff. Eowler and Jenkins owned lands adjoining each other, the division line running east and west. A public road had been laid out on the division line through their unimproved land. Subsequently each party cleared off his land to the road, and put in a crop of wheat, and in the spring following each one built a fence to secure his crop, the fences meeting at the centre of the road, and obstructing it. It did not…

1Opinion of the Court

Tbe opinion of tbe Court was delivered by

BiiACK, J.

These parties were the owners of adjoining lands, and a public road was laid out and opened on the division line which at that time ran through tbe woods. Afterwards the land was cleared, and crops sowed on both sides. To save labor and expense, the parties agreed not to make a lane along tbe road, but to enclose tbe fields on both sides by a ring fence, each one maintaining it to tbe middle of tbe woodland, stopping it up.

Undoubtedly this contract was illegal and void. It was an agreement to commit a nuisance for which both of the parties…

2Cited by26 opinions

  1. Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
  2. Joyce v. Erie Insurance ExchangeSuperior Court of Pennsylvania · 2013
  3. Dunshee v. Standard Oil Co.Supreme Court of Iowa · 1911
  4. Porter v. MackWest Virginia Supreme Court · 1901
  5. Rosenblum v. RosenblumSupreme Court of Pennsylvania · 1935

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