Carpenter v. Wolf

Citations

• 76 Pa. Super. 363
• 1921 Pa. Super. LEXIS 152

Syllabus

<p>Line or partition fence — Procedure to recover cost• — View — Notice — Act •of April lit, 1905, P. L. 162.</p> <p>Although the Act of April 14, 1905, P. L. 162, relating to line or partition fences and the procedure to recover the cost thereof does not require any notice to be given of the view by township or borough auditors, it is common law that one whose rights are to be affected ought to have notice. The notice should be such as would enable the person to be affected, to be present from the beginning of the view and to hear all the witnesses produced and to present his own witnesses. Without proof that such notice was given there can be no recovery of the cost of the fence.</p>