Legal Opinion

Ormsby v. Pinkerton

Supreme Court of Pennsylvania

Decided January 15, 1894No. Appeal, No. 434PublishedCited by 7 opinions

Appeal, No. 434, Jan. T., 1893, by defendant, Robert D. Pinkerton, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1891, No. 197, on verdict for plaintiff, Henry G. Ormsby. Trespass for breaking down gate in line fence between plaintiff’s and defendant’s properties. Before Finletter, P. J. At the trial, it appeared that plaintiff owned a house fronting on Wheat street, and that defendant owned a house fronting on Lancaster street.

Read the full summary

Appeal, No. 434, Jan. T., 1893, by defendant, Robert D. Pinkerton, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1891, No. 197, on verdict for plaintiff, Henry G. Ormsby. Trespass for breaking down gate in line fence between plaintiff’s and defendant’s properties. Before Finletter, P. J. At the trial, it appeared that plaintiff owned a house fronting on Wheat street, and that defendant owned a house fronting on Lancaster street. The lots of the two houses adjoined on the rear, and were separated by a partition fence. Both parties claimed title from J. S. C. Klinger. Defendant claimed…

1Opinion of the Court

Opinion by

Mr. Chief Justice Stebbett,

By agreement of parties, all title papers relating to the lots *460in question were put in evidence, but we have not been furnished with copies thereof. It is conceded, however, that there is nothing in the chain of title to either lot that imposes any servitude on plaintiff’s lot for the benefit of defendant’s adjoining lot, — nothing that gives the latter any right of way into or over plaintiff’s premises, or any right to maintain a gate in the .partition fence between said lots for the purpose of access to the hydrant on plaintiff’s property, or for any…

2Cases cited4 opinions

  1. Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
  2. Bennett v. BiddleSupreme Court of Pennsylvania · 1891
  3. Bennett v. BiddleSupreme Court of Pennsylvania · 1892
  4. Geible v. Smith, Pennsylvania Court of Common Pleas, Butler County1892

3Cited by7 opinions

  1. Ciski v. WentworthOhio Supreme Court · 1930
  2. Leininger v. GoodmanSupreme Court of Pennsylvania · 1923
  3. Philadelphia Steel Abrasive Co. v. Louis J. Gedicke SonsSupreme Court of Pennsylvania · 1941
  4. Koons v. McNameeSuperior Court of Pennsylvania · 1898
  5. Friend v. Oil Well Supply Co.Supreme Court of Pennsylvania · 1897

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API