Trego v. Pierce
Supreme Court of Pennsylvania
EBBOB. TO THE COUBT OE COMMON PLEAS OE CHESTEB COUNTY. No. 248 January Term 1887, Sup. Ct.; court below, No. 124 January Term 1886, C. P. The cause in the court below was an appeal by the plaintiff from the judgment of a justice of the peace in an action by Hannah 'M. Trego against Joshua N. Pierce, to recover contribution to the cost of a division fence between the lots of the respective parties.
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EBBOB. TO THE COUBT OE COMMON PLEAS OE CHESTEB COUNTY. No. 248 January Term 1887, Sup. Ct.; court below, No. 124 January Term 1886, C. P. The cause in the court below was an appeal by the plaintiff from the judgment of a justice of the peace in an action by Hannah 'M. Trego against Joshua N. Pierce, to recover contribution to the cost of a division fence between the lots of the respective parties. The facts sufficiently appear from the charge of the court, Futhey, P. J., at the trial on November 10, 1886, which was as follows: The parties to this action, Hannah M. Trego and Joshua N. Pierce,…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
This case comes up bristling with exceptions, and a paper book containing seventy-eight pages. It involves the sum of $35, the cost of a partition fence.
The plaintiff, being of opinion that the line fence between her property and that of the defendant was insufficient, applied to the fence viewers to examine the same and report upon its sufficiency and the cost of rebuilding it. The fence viewers found that 100 feet of this fence had been erected by the plaintiff of new material; that the remaining 100 feet of fence was insufficient as a yard inclosure, and that it…
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