Winger v. Rife
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: Of May Term 1882, No. 60. Trespass quare clausum fregit, by Abraham Z. Winger against Abraham Eife, to recover damages for breaking down the plaintiff’s fences and driving through his close. Defendant pleaded “ not guilty,” and afterward hied a special plea averring that the public road was impassable, and that he did necessarily and unavoidably enter on plaintiff’s close, as it was lawful for him to do.
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Error to the Court of Common Pleas of Franklin county: Of May Term 1882, No. 60. Trespass quare clausum fregit, by Abraham Z. Winger against Abraham Eife, to recover damages for breaking down the plaintiff’s fences and driving through his close. Defendant pleaded “ not guilty,” and afterward hied a special plea averring that the public road was impassable, and that he did necessarily and unavoidably enter on plaintiff’s close, as it was lawful for him to do. No replication was filed to the special plea, and at the trial, before the jury was sworn, it was withdrawn. On the trial, before Eowe,…
1Opinion of the CourtChief Justice Sharswood
It is too late now to raise the question whether the statute 22 and 23 Car. II., c. 9, and 8 and 9 William III., c. 11, are in force in this state. The report of the judges, frequent recognition in the opinions of this court, if not direct decisions and uniform practice have settled it. The refusal of the certificate is not the subject of review in this court. We affirm this judgment upon the opinion of the learned judge in the court below.
Judgment affirmed.