Rung v. Shoneberger
Supreme Court of Pennsylvania
WRIT of error to Huntingdon county. This was an action of trespass by Dr Peter Shoneberger against Henry Rung and others, for prostrating and removing a stable and shed in the town of Petersburg. The defendants, or some of them, were officers of the corporation, and removed the buildings of the plaintiff, by authority of a resolution of the town council; and the question, therefore, turned upon the right of the defendants to remove them.
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WRIT of error to Huntingdon county. This was an action of trespass by Dr Peter Shoneberger against Henry Rung and others, for prostrating and removing a stable and shed in the town of Petersburg. The defendants, or some of them, were officers of the corporation, and removed the buildings of the plaintiff, by authority of a resolution of the town council; and the question, therefore, turned upon the right of the defendants to remove them. In 1795, Peter Shoneberger, the uncle of the defendant in error, laid out the town of Petersburg. A plan was duly recorded, on which is written, “ public…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action of trespass quare clausum fregit, *24brought by the plaintiff, Shoneberger, against Rung ancl others, for pulling down a stable and shed, in the borough of Petersburg.
The defendants justify the alleged trespass, on the ground that the building was a common, a public nuisance having been erected on the public square.
The facts were these. In 1795, Peter Shoneberger, the uncle of the plaintiff, laid out the town of Petersburg. A plan of the town was duly recorded. On the plan, is stated, “public square, one hundred and six feet by…
2Cited by45 opinions
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- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Burbank v. . FayNew York Court of Appeals · 1875
- Herbert v. HanrickSupreme Court of Alabama · 1849
- HOFFMAN v. PITTSBURGHSupreme Court of Pennsylvania · 1950
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