Legal Opinion

Kirkham v. Sharp

Supreme Court of Pennsylvania

Decided July 1, 1836PublishedCited by 25 opinions

This was an action on the case brought in this Court by William Kirkham against John Sharp, junior. By agreement the following case was stated for the opinion and judgment of the Court.

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This was an action on the case brought in this Court by William Kirkham against John Sharp, junior. By agreement the following case was stated for the opinion and judgment of the Court. “ By indenture, bearing date the 20th day of April, 1767, Anthony Morris and wife granted and conveyed to John Litle and his heirs, a large lot of ground on the east side of Fourth street, between Market and Chesnüt street, in the city of Philadelphia, with the easements and appurtenances therein mentioned. In this deed the lot was thus described ; “ Beginning at Fourth street, at south corner of C. Brockden’s…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The sum of the few authorities which bear on the point before us, is given in Cruise’s Digest, Tit. 24, § 15, where it is said that the use of a way must be according to the grant or the occasion of it, and not exceed it; so that a right of way over another’s ground to a particular place will not justify the use of it to go beyond that place. For this is cited Howel v. King, (1 Mod. 190,) and Lawton v. Ward, (1 Ld. Raym. 75,) which bear a considerable resemblance to the present case. In the former of them A. having a right of way over B.’s…

2Cited by25 opinions

  1. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  2. Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
  3. Dowgiel v. ReidSupreme Court of Pennsylvania · 1948
  4. Coleman's AppealSupreme Court of Pennsylvania · 1869
  5. Kieffer v. ImhoffSupreme Court of Pennsylvania · 1856

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