Odenwelder v. Frankenfield
Supreme Court of Pennsylvania
Appeal, No. 21, July T., 1892, by defendant, Leonard Frankenfield, from judgment of C. P. Northampton Co., Oet. T., 1889, No. 54, on verdict for plaintiff, Owen Oden welder. Appeal from judgment of justice of the peace. At the trial, before Reeder, J., it appeared that plaintiff and defendant were owners of adjoining farms, the division line between them being along the west side of a private lane.
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Appeal, No. 21, July T., 1892, by defendant, Leonard Frankenfield, from judgment of C. P. Northampton Co., Oet. T., 1889, No. 54, on verdict for plaintiff, Owen Oden welder. Appeal from judgment of justice of the peace. At the trial, before Reeder, J., it appeared that plaintiff and defendant were owners of adjoining farms, the division line between them being along the west side of a private lane. The lane formerly connected two public roads, but in 1888 the lower part of it was closed, witb defendant’s consent. The lane was wholly on lands of defendant. The situation of the lane is…
1Opinion of the Court
Opinion by
Me. Justice Thompson,
Under the act of March 11, 1842, relating to line fences, viewers found that the appellant was liable to contribute his proportion of the cost of a division fence, between his farm and that of the appellee. It was contended in the court below that these viewers had no jurisdiction, because the fence in question was along a public road or lane; because along such lane the land was not improved land within the meaning of the act; and because the appellant maintained another fence which was a substitute for the division fence. If the fence in question was along a…
2Cases cited1 opinion
- Rohrer v. RohrerSupreme Court of Pennsylvania · 1852