Legal Opinion

Lewis v. Carstairs

Supreme Court of Pennsylvania

Decided March 15, 1843PublishedCited by 5 opinions

THIS case, which was trespass quare clausum, fregit, and is reported in 6 Whart. 193, came before this court again upon a writ of error sued out by the defendants below to the District Court for the city and county of Philadelphia, where a verdict and judg1ment passed for the plaintiff. The title-deeds under which the defendants claimed the right to a- watercourse along an alley, as well as the parol evidence given on the trial, are there set out at length.

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THIS case, which was trespass quare clausum, fregit, and is reported in 6 Whart. 193, came before this court again upon a writ of error sued out by the defendants below to the District Court for the city and county of Philadelphia, where a verdict and judg1ment passed for the plaintiff. The title-deeds under which the defendants claimed the right to a- watercourse along an alley, as well as the parol evidence given on the trial, are there set out at length. The defendants requested the court to charge the jury: 1. That they may presume a grant of the right of way, watercourse, &c. by the…

1Per curiam

Whether an estoppel results from established facts, is a question for the determination of the court; and the Judge, seems not to have gone far enough in submitting the question of equitable estoppel, so to call it, to the jury. The presumptive evidence of right by grant, from the contribution to the laying of pipes within twenty years, being entitled to no artificial force from length of time, was properly left to the jury on its natural tendency to produce conviction; and had the contest been between the original parties to the supposed grant, all would have been well. But there is a…

2Cited by5 opinions

  1. Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
  2. Ackla v. AcklaSupreme Court of Pennsylvania · 1847
  3. Converse v. ParetSupreme Court of Pennsylvania · 1910
  4. Keating v. OrneSupreme Court of Pennsylvania · 1875
  5. Commonwealth v. Johns, Pennsylvania Court of Common Pleas, Lawrence County1948

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