Stephens v. Shriver
Supreme Court of Pennsylvania
Error to the Common Pleas of Gfreene county. This was .an appeal from a justice of the peace. The plaintiff below claimed $10 awarded to him by fence- viewers, for work done in making a partition fence. The declaration was in assumpsit; the plea non assumpsit: verdict for plaintiff, $12.80. The auditors who viewed the fence reported that it would' cost $10 to make a sufficient fence.
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Error to the Common Pleas of Gfreene county. This was .an appeal from a justice of the peace. The plaintiff below claimed $10 awarded to him by fence- viewers, for work done in making a partition fence. The declaration was in assumpsit; the plea non assumpsit: verdict for plaintiff, $12.80. The auditors who viewed the fence reported that it would' cost $10 to make a sufficient fence. The plaintiff below built the fence, but removed it from the foundation on which it had stood many years, westward, about a rod, more or less, into the field of Stephens, the defendant below, and took from…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
It is not at all necessary that partition fences should go to ruin because of the owners being in litigation about their lines; indeed, this could only add to their difficulties. If there he, in fact, a partition fence, the duty of contribution to maintain it exists, and neither party can excuse himself from this duty by alleging, whether sincerely or falsely, that the line is in dispute; and the law relating to fences contemplates no such mode of suspending the remedy which it provides. The jurisdiction of a justice of the peace to enforce…
2Cited by1 opinion
- Trego v. PierceSupreme Court of Pennsylvania · 1888