Brake v. Crider
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: Of May Term, 1884, No. 26. This was an action of trespass quare clausum fregit, by John C. Brake against Philip O. Crider, to recover damages for the alleged wrong of the defendant in entering upon the plaintiff’s land and tearing down his fences, etc.
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Error to the Court of Common Pleas of Franklin county: Of May Term, 1884, No. 26. This was an action of trespass quare clausum fregit, by John C. Brake against Philip O. Crider, to recover damages for the alleged wrong of the defendant in entering upon the plaintiff’s land and tearing down his fences, etc. The defendant admitted the acts complained of, but set up as a defence that he was crossing the plaintiff’s land by a common public highway, which he alleged had arisen by prescription. The facts of the case with the instructions of the court below assigned as error are fully recited in the…
1Opinion of the CourtJustice Sterrett
In Worrall v. Rhoads, 2 Whart. 427, it was held that the continuous and uninterrupted use and enjoyment of a way, even over unenclosed woodland, for over twenty-one years, *212was presumptive evidence of a grant; and this continued to be the law until the mischief resulting from the acquisition of such easements became so great as to call for legislative interference. The Act of September 25th, 1850, Section 21, declares, “ That no right of way shall hereafter be acquired by user, where such way passes through unenclosed woodland ; but, on clearing such woodland, the owner or owners thereof shall…
2Cases cited1 opinion
- Worrall v. RhoadsSupreme Court of Pennsylvania · 1837
3Cited by11 opinions
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- Becker v. RittenhouseSupreme Court of Pennsylvania · 1929
- Kurtz v. HokeSupreme Court of Pennsylvania · 1896
- Sprankle v. BurnsSuperior Court of Pennsylvania · 1996
- Humberston v. HumbertSuperior Court of Pennsylvania · 1979
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