JACKMAN V. ROSENBAUM CO., 260 U. S. 22 (1922)

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U.S. Supreme Court

Jackman v. Rosenbaum Co., 260 U.S. 22 (1922)

Jackman v. Rosenbaum Company

No. 3

Argued October 4, 1922

Decided October 23, 1922

260 U.S. 22


1. The fact that a practice is of ancient standing in a state is a reason for holding it unaffected by the Fourteenth Amendment. P. 260 U. S. 31.

2. Under a statute of Pennsylvania, following an old custom whereby adjoining lots are subject to party wall servitudes, plaintiff's wall, which was built to the line, was torn down by the adjoining owner (being unsuitable for incorporation in a new one), and a party wall of reasonable width was erected on the line. Held that due process of law did not require that he be repaid for necessarily incident damages. P. 260 U. S. 30.

263 Pa.St. 158 affirmed.

Error to a judgment of the Supreme Court of Pennsylvania affirming a judgment for the defendant in an action brought by the plaintiff in error for damages resulting from the destruction of a wall of his building and its replacement by a party wall, by the defendant, proceeding under a statute of Pennsylvania of June 7, 1895, P.L. 135, § 9. *

Page 260 U. S. 29

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