Hall v. Kreider

Citations

• 55 Pa. Super. 483
• 1913 Pa. Super. LEXIS 399

Syllabus

<p>Justice of the peace — Jurisdiction—Trespass of cattle — Fences.</p> <p>1. Where an action of trespass for injuries by cattle to crops in one county is brought before a justice of the peace in another county, and after a trial on the merits and a judgment for plaintiff, an appeal is taken to the common pleas, and there the defendant pleads not guilty to a statement showing the county where the trespass was committed, he cannot after another trial on the merits in the common pleas, complain that the justice had no jurisdiction.</p> <p>2. A justice of the peace has jurisdiction of an action of trespass for injuries done to crops by cattle.</p> <p>Fences — Cattle—Trespass—Act of April 4,1889, P. L. 27.</p> <p>3. Since the passage of the Act of April 4, 1889, P. L. 27, owners of cattle must fence them in, or be answerable in damages for their trespasses. In an action for such a trespass the sufficiency of the fence is not a question for the jury, where by the defendant’s own showing the fence was merely temporary and not sufficient to restrain the cattle.</p>