Legal Opinion

Turner v. Richards

Supreme Court of Pennsylvania

Decided October 7, 1907No. Appeal, No. 24Published

Appeal, No. 24, April T., 1907, by plaintiff, from judgment of C. P. Mercer Co., Oct. T., 1905, No. 97, for defendant non obstante veredicto in case of Henry Turner v. Anna R. Richards. Appeal from judgment of justice of the peace. Before Williams, P. J. The case orignated before the justice in the report of township auditors acting as fence viewers.

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Appeal, No. 24, April T., 1907, by plaintiff, from judgment of C. P. Mercer Co., Oct. T., 1905, No. 97, for defendant non obstante veredicto in case of Henry Turner v. Anna R. Richards. Appeal from judgment of justice of the peace. Before Williams, P. J. The case orignated before the justice in the report of township auditors acting as fence viewers. The report of the viewers was as follows : “ We, the undersigned, auditors of Cool Spring township, Mercer county, Pa., after having duly qualified as fence viewers, went on the grounds, pursuant to a notice in writing served on us by Henry…

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff’s action had its origin in the omission of the defendant to build her part of the fence on the. division line of the lands of the parties. The plaintiff notified the township auditors of the defendant’s neglect and these auditors in their capacity as fence viewers examined the division fence and made out a report to T. W. McClain, Esq., a justice of the peace of the county. This report shows that the plaintiff had erected half of the division fence; that the other half was insufficient; that it could not be repaired; that it was necessary to build a new…

2Cases cited2 opinions

  1. Walker v. EdmondsSupreme Court of Pennsylvania · 1901
  2. Shriver v. StephensSupreme Court of Pennsylvania · 1852

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