Hutchinson & Rourke versus Schimmelfeder
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action, of trespass, quare clausum fregit, brought by the defendant in error against the plaintiffs in error, in the District Court of Allegheny county, for alleged damages done to a brick dwelling-house in the eighth Avard, city of Pittsburgh. The plaintiffs and defendant own adjoining lots in the hollow on Magee street, between Pennsylvania avenue and Boyd’s Hill.
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Error to the District Court of Allegheny county. This was an action, of trespass, quare clausum fregit, brought by the defendant in error against the plaintiffs in error, in the District Court of Allegheny county, for alleged damages done to a brick dwelling-house in the eighth Avard, city of Pittsburgh. The plaintiffs and defendant own adjoining lots in the hollow on Magee street, between Pennsylvania avenue and Boyd’s Hill. The street is some fifteen feet higher than the adjoining land. The lots are on a sharp declivity, the ground in front being-much higher than in the rear ; the alley in…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
The absolute rights of every Englishman are said, by the author of the Commentaries, to consist of three principal or primary articles: the right of personal security, personal liberty, and private property: Bl. Com. 128. These are said by the same author to be irrevocably secured by Magna Gharta; by the statute de confirmations chartarum; the Habeas Corpus Act; the Bill of Rights, and lastly, by the Act of Settlement, after the Revolution. With us these rights are secured by the constitution of the state and United States, and thus being…
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