Demuth v. Amweg
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county:. Of May Term 1879, No; 8,6. Case by John M. Amweg against Samuel J. Demuth to recover damages for the obstruction of an alley.
Read the full summary
Error to the Court of Common Pleas of Lancaster county:. Of May Term 1879, No; 8,6. Case by John M. Amweg against Samuel J. Demuth to recover damages for the obstruction of an alley. In 1773, Nicholas Reidenour was the owner of a property on the southwest'corner of Duke and East King streets, in the city of Lancaster, containing in front on said King street 32 feet 2J inches, and extending in depth along said Duke street 126 feet, to land, then of Jacob Clatz, now of plaintiff. The property adjoining this on the west, of equal depth and front, and belonging now to defendant, was then owned by…
1Opinion of the CourtJustice Gordon
The first, second, third and fourth assignments of error cannot be sustained, for the reason that the offers covered by the first and fourth are irrelevant, and those covered by the second and third were attempts to introduce evidence, proper enough in chief, by cross-examination.
The exception contained in the fifth assignment was well taken and must be sustained. The defendant had the right to show, by way of mitigation of damages, that the alley in question was not the plaintiff’s only means of access to the back part of his property. The damages resulting from the obstruction of a way, by…
2Cited by13 opinions
- Morning Call, Inc. v. Bell Atlantic-Pennsylvania, Inc.Superior Court of Pennsylvania · 2000
- Zerbey v. AllanSupreme Court of Pennsylvania · 1906
- Margoline v. HolefelderSupreme Court of Pennsylvania · 1966
- Hughesville Water Co. v. PersonSupreme Court of Pennsylvania · 1897
- Citizens Electric Co. v. Susquehanna Boom Co.Supreme Court of Pennsylvania · 1910
8 more not listed; retrieve them via the Exa API.