Lutz v. Pennsylvania Laundry Co.

Citations

• 55 Pa. Super. 593
• 1914 Pa. Super. LEXIS 19

Syllabus

<p>Party walls — Suit for use of — Conflicting evidence.</p> <p>1. In an action to recover for the use of a party wall, where the defendant denies any use of the party wall, and the evidence on the subject is conflicting, a binding instruction for defendant cannot be given.</p> <p>2. In such a case where the defendant alleges that the party wall had been carelessly built and sagged or leaned over the property line to the extent of two or three inches, damages cannot be certified in defendant’s favor, where there is no evidence to show that the defendant was in fact injured by the careless construction of the wall.</p>