McMurtrie v. Stewart
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Huntingdon county. This was an action of trespass, quare clausum fregit, by Joseph Stewart v. McMurtrie, Hamlin, Nightwine, and Wolfkill. The pleas were, Not guilty, liberum tenementum, &c. Joseph Stewart brought the action against the defendants for opening a road through fields in his possession. Stewart having died, the administrators of his estate were substituted.
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Error to tbe Common Pleas of Huntingdon county. This was an action of trespass, quare clausum fregit, by Joseph Stewart v. McMurtrie, Hamlin, Nightwine, and Wolfkill. The pleas were, Not guilty, liberum tenementum, &c. Joseph Stewart brought the action against the defendants for opening a road through fields in his possession. Stewart having died, the administrators of his estate were substituted. Wolfkill, one of the defendants, at the time of the commission of the alleged trespass, was a supervisor of roads, and in the opening of the road he was assisted by Hamlin, as a hand. A non pros,…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
— This was trespass for entering the plaintiff’s field, taking down his fences and injuring his crop. The defence is that one of the parties sued was supervisor of the township where the alleged injury was done, and went there himself, taking two of the others along as assistants, for the lawful purpose of opening a public road laid out by order of the Court of Quarter Sessions. The plaintiffs in error have furnished us a few meagre extracts from the evidence. But from these, and from the facts stated in the charge, we infer that the road…
2Cited by14 opinions
- Adelman Et Ux. v. RosenbaumSuperior Court of Pennsylvania · 1938
- Commonwealth v. ShoemakerSuperior Court of Pennsylvania · 1900
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- McCloskey v. PowellSupreme Court of Pennsylvania · 1889
- McGuire v. Wilkes-BarreSuperior Court of Pennsylvania · 1908
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