Hennessy v. Anstock

Citations

• 19 Pa. Super. 644
• 1902 Pa. Super. LEXIS 169

Syllabus

<p>Appeals — Assignments of error — Practice, Superior Court.</p> <p>An assignment of error cannot be divided, and treated as good in part and bad in part; if it cannot be sustained as a whole, it must be overruled. For this reason, if for no other, it should present but one distinct question.</p> <p>Practice, C. P. — Pleading—Evidence—Assignments of error.</p> <p>The plaintiff can recover only secundum allegata et probata; not only must the declaration set forth a wrong, and the evidence show a wrong, but the wrong shown must be the wrong alleged.</p> <p>An assignment of error which complains merely of the submission of the case to the jury upon the pleadings and evidence, without any request by the defendant for a verdict by direction of the court, is sufficient, if there is in fact no evidence to justify the verdict.</p> <p>Trespass — Obstruction against side of structure.</p> <p>An obstruction placed against the side of a structure forming part of the realty is in contemplation of law upon the land as fully as if placed on its.surface. The portion which it covers is not material; if it maybe placed against any part, it may be made to cover the entire side, obstructing light, air and access. To place it against any portion is a disturbance of the enjoyment of the land, if not of its possession, and, if wrongful, is a trespass.</p> <p>In an action of trespass the declaration alleged the unlawful erection by the defendant of “ a certain obstruction partition or barrier upon and over ” the plaintiff’s land. The evidence for the plaintiff showed the erection of a partition-like structure, an inch or more in thickness, about eight feet high and three feet wide, extending partly across the sidewalk that fronted the adjoining buildings of the parties, and near the division line between them, fastened to the defendant’s building, but standing from one to two inches on the plaintiff’s side of the line, with its inner edge close against</p> <p>the plaintiff’s building. The