Crouse v. Miller

Citations

• 19 Pa. Super. 384
• 1902 Pa. Super. LEXIS 109

Syllabus

<p>Trespass — Highway—Supervisor—Fence.</p> <p>Where a fence has been built within the limits of a highway, the supervisor 'has the right to remove it, but he must do so in a manner which is not reckless or wanton.</p> <p>A person who notifies a supervisor to remove a fence constructed within the limits of a highway, but does not'participate in the actual removal of the fence, is not liable for the wanton and reckless manner in which the supervisor does the work. He has a right to presume that the supervisor will do his duty in a proper manner and strictly in accordance with the authority which he had for removing obstructions from the highway.</p>