Hart v. Kucher
Supreme Court of Pennsylvania
In Error. ERROR to the District Court for the city and county of Philadelphia. Case stated in the nature of a special verdict, on which the Court below gave judgment for the defendant. The question to be decided in this case, depended on the • r t r , . ,, _ . , construction of the act for regulating party-walls, &c., m the city of Philadelphia, passed 24th February, 1721. The state of the case was this.
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In Error. ERROR to the District Court for the city and county of Philadelphia. Case stated in the nature of a special verdict, on which the Court below gave judgment for the defendant. The question to be decided in this case, depended on the • r t r , . ,, _ . , construction of the act for regulating party-walls, &c., m the city of Philadelphia, passed 24th February, 1721. The state of the case was this. William Garrigues, under whom the plaintiffs claimed, was the owner of a house and lot in this city; the party-wall of which extended over the line of the adjoining lot, owned by Hugh…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
The act of assembly, which was intended to promote the convenience of builders in general, forbids the erection of any party-wall, until the public regulators set out the foundation, and regulate the thickness of it, and directs that the foundation shall be laid equally upon the lands of the persons between whom the said party-wall is to be made, “ and the first builder, shall be reimbursed one moiety of the charge of such party-wall, or for so much thereof as the next builder shall have occasion to make use of, before such next builder…
2Cases cited1 opinion
- Ingles v. BringhurstSupreme Court of the United States · 1788
3Cited by4 opinions
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- Crater v. McCormickSupreme Court of Colorado · 1878