Trimmer v. Berkheimer
Superior Court of Pennsylvania
Appeal, No. 2, March. T., 1915, by defendant, from judgment of O. P. York Co., Aug. T., 1913, No. 29, on verdict for plaintiff in case of Alice Trimmer v. Samuel E. Berkheimer. Trespass to recover damages for injuries to a building.
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Appeal, No. 2, March. T., 1915, by defendant, from judgment of O. P. York Co., Aug. T., 1913, No. 29, on verdict for plaintiff in case of Alice Trimmer v. Samuel E. Berkheimer. Trespass to recover damages for injuries to a building. The five alleged trespasses were as follows: 1. Tearing off spouting from a building owned by the plaintiff. 2. Obstructing windows in the plaintiff’s building by nailing boards across them. 3. Causing surface and rain water to flow on to plaintiff’s lot of ground by removing board from the plaintiff’s building and by means of a trough and a spout projecting…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff and defendant were the owners of contiguous lots in the Borough of York. They were at variance in regard to the location of their division line. The trespasses alleged grew out of the defendant’s assertion that the roof of the building on the plaintiff’s land at the rear of the lot overhung his lot and discharged water in large quantities thereon. The acts charged against the defendant in the statement of claim are: (1) that he removed spouting from the plaintiff’s building; (2) that he closed four of the windows on the side of the building next to his…
2Cases cited13 opinions
- Moore v. WeberSupreme Court of Pennsylvania · 1872
- Rielly v. StephensonSupreme Court of Pennsylvania · 1908
- Gould v. McKennaSupreme Court of Pennsylvania · 1878
- Jenkins v. FowlerSupreme Court of Pennsylvania · 1855
- Rhea v. ForsythSupreme Court of Pennsylvania · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Lipnik v. EhaltIndiana Court of Appeals · 1921
- DeStefano v. Meglio, Pennsylvania Court of Common Pleas, Philadelphia County1948
- Morris v. Connellan, Pennsylvania Court of Common Pleas, Delaware County1935
- Shenkin v. SchermerhornPennylvania Municipal Court, Philadelphia County · 1933