Kieffer v. Imhoff
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of trespass quare clausum fregit, brought by Benneville J. Kieffer against Christian Imhoff. The locus in quo is a certain alley and lot belonging to the plaintiff, in which the defendant claimed the right of way. The plaintiff owned a lot in the borough of Carlisle, and the defendant occupied a lot adjoining, belonging to Jacob Stahl.
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Error to the Common Pleas of Cumberland county. This was an action of trespass quare clausum fregit, brought by Benneville J. Kieffer against Christian Imhoff. The locus in quo is a certain alley and lot belonging to the plaintiff, in which the defendant claimed the right of way. The plaintiff owned a lot in the borough of Carlisle, and the defendant occupied a lot adjoining, belonging to Jacob Stahl. These lots formed originally lot No. 169 in the general plan of that borough, and belonged to Robert Magaw, deceased, who, by his will, dated the 22d day of November, 1789, devised the Imhoff…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The rules of the civil law on the subject of servitudes are far more minute and precise than those of the common law. As they are, for the most part, founded on the principles of justice, and a careful consideration of the rights and convenience of civilized society, they are resorted to by the common law tribunals in cases not otherwise provided for. It is said by Chancellor Kent that they are of “ permanent and universal application:” 3 Kent's Com. 436. The servitude of the civil law has a much wider signification than the easement of the…
2Cases cited1 opinion
- Kirkham v. SharpSupreme Court of Pennsylvania · 1836
3Cited by39 opinions
- Burns Manufacturing Co., Inc. v. BoehmSupreme Court of Pennsylvania · 1976
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- Becker v. RittenhouseSupreme Court of Pennsylvania · 1929
- Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
- Tosh v. WittsSupreme Court of Pennsylvania · 1955
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