Kurtz v. Hoke
Supreme Court of Pennsylvania
Appeal, No. 228, Jan. T., 1895, by plaintiff, from judgment of C. P. Lebanon Co., on verdict for defendants. Trespass for cutting down a fence across a lane. Before Meily, P. J. The facts appear by the charge of the court below, and the opinion of the Supreme Court.
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Appeal, No. 228, Jan. T., 1895, by plaintiff, from judgment of C. P. Lebanon Co., on verdict for defendants. Trespass for cutting down a fence across a lane. Before Meily, P. J. The facts appear by the charge of the court below, and the opinion of the Supreme Court. The court charged as follows: The action is an action of trespass to recover the sum of one dollar, as claimed by the plaintiff upon the stand, against the defendants, who cut down a gate or a fence across the lane which the plaintiff claims is upon his land, and which, as he alleges, the defendants had expressly agreed to…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff is the owner of a tract of land lying between the Lancaster road and Cornwall pike; there are about twenty-three acres in the tract; when he entered into possession of his land in 1855, only three to five acres were then cleared, the remainder being woodland; a lane connecting with the Lancaster road on the northwest extended for about one hundred yards, through the improved part, in a southeasterly direction, and then over the woodland of plaintiff, Bleistein and Smith, to a connection with the Cornwall pike. The testimony showed that the roadbed…
2Cases cited2 opinions
- Brake v. CriderSupreme Court of Pennsylvania · 1884
- Arnold v. CornmanSupreme Court of Pennsylvania · 1865
3Cited by20 opinions
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- Minteer v. WolfeSuperior Court of Pennsylvania · 1982
- Sprankle v. BurnsSuperior Court of Pennsylvania · 1996
- Trexler v. LutzSuperior Court of Pennsylvania · 1955
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