Smith v. Johnson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Juniata county: Of-May Term 1874, No. 76. This was an action of trespass q. c. f., brought April 14th 1873, by Richard Johnson against David Smith. The defendant and one John Thompson were owners of adjoining farms; the plaintiff was the tenant of Thompson.
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Error to the Court of Common Pleas of Juniata county: Of-May Term 1874, No. 76. This was an action of trespass q. c. f., brought April 14th 1873, by Richard Johnson against David Smith. The defendant and one John Thompson were owners of adjoining farms; the plaintiff was the tenant of Thompson. Thompson and the defendant had some dispute about repairing their partition fence, which extended southwardly from the northern corner of their farms to the north side of a turnpike which passed east and west through both farms, and then from the south side of the turnpike southwardly to the south…
1Opinion of the CourtJustice Mercur
Unless the plaintiff in error occupied lands up to the line of the adjacent owner, he was under no legal obligation to put his fence on the line: Painter v. Reece, 2 Barr 126; Dysart v. Leeds, Id. 488; Potts v. Everhart, 2 Casey 493. He had a right to set his fence on his own land, and throw open to the public the portion lying between the line and his fence: Painter v. Reese, supra; Rohrer v. Rohrer, 6 Harris 367. By so doing he was relieved from a continuing obligation to assist in the maintenance of a fence on the line. If the boundary fence had previously been built at the joint expense…
2Cited by4 opinions
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- Carey v. SchweitzerSuperior Court of Delaware · 1926