Hurley v. Jones , 165 Pa. 34 ( 1894 )

Pee Cukiam,

The defendant’s point was properly refused by the learned court below. This was not a condemnation proceeding, but an ordinary action of trespass for injury to the plaintiff’s close. The plaintiff was entitled to recover any actual damages he suffered by reason of the trespass of the defendant, and he complained of the destruction of his vegetables and his fences. Any advantage to the lot by reason of the fill is not a proper subject of consideration.

Judgment affirmed.