Kopf v. Utter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county : Of January Term 1882, No. 406. Trespass vi et armis quare clausum fregit, by Martin Kopf, against John C. Utter, and others. Plea, not guilty, with leave, etc.
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Error to the Court of Common Pleas of Warren county : Of January Term 1882, No. 406. Trespass vi et armis quare clausum fregit, by Martin Kopf, against John C. Utter, and others. Plea, not guilty, with leave, etc. On the trial, before Taylor, P. J., the following facts appeared: The alleged trespass was committed by the borough authorities of Warren, in entering upon plaintiff's premises and moving his front fence back from’ the street about two feet at one end of his lot, and one foot at the other, in accordance with what the defendants claimed to be the true line of the borough street on…
1Opinion of the CourtJustice Gordon
The question in this case was one involving the location of the west line of East Street, in the borough of Warren, as made by the commissioners appointed to lay out said borough, by the act of the 18th of April 1795, and it was one that could only be determined by the jury.
In 1867 the borough authorities, by their surveyor, endeavered to ascertain and establish this line. This they had an undoubted right to do, and prima facie tliejr survey was the right one, and correctly indicated the boundaries of the street.
’ But complaint is made of the court below oh account of its answer to the…
2Cases cited2 opinions
- Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
- Commonwealth v. MiltenbergerSupreme Court of Pennsylvania · 1838
3Cited by18 opinions
- Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
- 46 South 52nd Street Corp. v. ManlinSupreme Court of Pennsylvania · 1960
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- Pittsburgh v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1919
- Hindin v. Samuel, MayorSuperior Court of Pennsylvania · 1945
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