27 Pa. 95 | Pa. | 1856
The opinion of the court was delivered by
We are unable to discover anything like sufficient
The court instructed the jury that, if the injury arose from the plaintiff’s default in the performance of his duty in respect to the partition fence, he could not recover; and we do not discover that this was erroneous. Under this instruction the jury could consider all the circumstances, and by them ascertain where the fault lay. Perhaps the court gave the jury fuller instructions than the case required, but we do not perceive any act or omission that furnishes the plaintiff with any just ground of complaint.
Judgment affirmed.