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194 Pa. 522

Buck v. Weeks

Supreme Court of Pennsylvania

Decided February 5, 1900

Supreme Court of Pennsylvania · decided 1900-02-05

Appeal, No. 237, Jan. T., 1899, by plaintiffs, from order of C. P. No. 1, Pkila. Co., March T., 1899, No. 276, refusing to take off nonsuit. Trespass for forcible entry and damage to building.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-02-05

How this case has been cited

Cited by 4 later decisions — most recently May 1936

4 state decisions

201900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mr. Justice Fell,

¶2The plaintiffs declared in trespass for the unlawful entry with force and arms upon their premises and the tearing down of the party wall between their building and that owned by one of the defendants. The proofs utterly failed to sustain the averments of their declaration. They showed that the entry *524was for the purpose of placing supports under the floors of plaintiffs’ building, and was made without objection by them, and that the removal of the wall was by direction of the building inspectors. There was not the slightest evidence that the work was done in an unskilful or negligent manner; that its completion was unnecessarily delayed, or that any injury or inconvenience was caused the plaintiffs, except such as was the unavoidable consequence of the exercise of a lawful right by the owner of the adjoining property. There was nothing to sustain a recovery on the ground on which the action was brought.

¶3■ Whether under this form of action a recovery could be had for the damages to the plaintiffs’ property, which were not the result of negligence, and to what extent the liability of an owner who repairs or removes a party wall without negligence is enlarged by section 9 of the Act of June 8, 1898, P. L. 360, it is unnecessary to consider. The evidence as to the damage to the building was too vague and uncertain to warrant a finding for any amount for the plaintiffs. The witnesses were unable to state what part of the papering and painting of the building and the repairing of the roof afterward done by the plaintiffs was made necessary by the rebuilding of the party wall, or what their cost was.

¶4The judgment of nonsuit was properly entered, and it is now affirmed.

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