Fidler v. Rehmeyer
Supreme Court of Pennsylvania
Appeal, No. 97, March T., 1907, by defendant, from judgment of C. P. York Co., Oct. T., 1905, No. 45, on verdict for plaintiff in case of Charles H. Fidler v. Henry C. Rehmeyer. Obstruction for a private right of way. Before Bitten-GER, P. J. At the trial the plaintiff on the stand claimed a prescriptive use of the right of way in question, and also exemplary damages for its obstruction.
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Appeal, No. 97, March T., 1907, by defendant, from judgment of C. P. York Co., Oct. T., 1905, No. 45, on verdict for plaintiff in case of Charles H. Fidler v. Henry C. Rehmeyer. Obstruction for a private right of way. Before Bitten-GER, P. J. At the trial the plaintiff on the stand claimed a prescriptive use of the right of way in question, and also exemplary damages for its obstruction. He asserted that the defendant, who was an adjoining owner, had constructed a fence against plaintiff’s protest along the boundary line of their respective properties, and thus obstructed the lane in…
1Opinion of the Court
Opinion by Henderson, J.,
The plaintiff alleged an obstruction of a private way and supported his case by evidence of the existence of a lane along the line between his land and the defendant’s, which had been used by their predecessors in title for about forty years. It was not shown that the right was created by grant, but evidence was introduced to establish a prescriptive use. The plaintiff was called as a witness in his own behalf and in his examination testified to the existence of the lane and that the defendant, against his protest, erected a fence along it and near the middle thereof,…
2Cases cited11 opinions
- Tinicum Fishing Co. v. CarterSupreme Court of Pennsylvania · 1869
- Crain v. FoxNew York Supreme Court · 1853
- Bennett v. BiddleSupreme Court of Pennsylvania · 1891
- Canny v. AndrewsMassachusetts Supreme Judicial Court · 1877
- Cadwalader v. AppSupreme Court of Pennsylvania · 1876
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3Cited by6 opinions
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- Margoline v. HolefelderSupreme Court of Pennsylvania · 1966
- Great American Insurance v. Geris, Pennsylvania Court of Common Pleas, Alleghany County1987
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