Pierce v. Cloud
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an action of trespass quore clausum fregit, brought September 20th 1858, by Joshua N. Pierce against Jesse Cloud, for entering upon the land of the plaintiff in East Eallowfield township, Chester county. The defendant claimed a right of way over the locus in quo from a public highway, called the Strasburg road, to the dwelling-house of Joshua Cloud, his father, with whom he lived, and he defended the action in this right.
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Error to the Common Pleas of Chester county. This was an action of trespass quore clausum fregit, brought September 20th 1858, by Joshua N. Pierce against Jesse Cloud, for entering upon the land of the plaintiff in East Eallowfield township, Chester county. The defendant claimed a right of way over the locus in quo from a public highway, called the Strasburg road, to the dwelling-house of Joshua Cloud, his father, with whom he lived, and he defended the action in this right. The question was whether Joshua Cloud had a right of way over the land of the plaintiff. On the trial the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered, February 17th 1862, by
Woodward, J.
The law of private ways was well expounded in Garret v. Jackson, 8 Harris 335. Under the English statute of 2 & 3 Wm. 4, c. 71, enjoyment of a way, as of right, was defined by Lord Denman, in Tickle v. Brown, 4 A. & E. 369, to mean an .enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission asked from time to time, on each occasion, or even on many occasions of using it; but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use, without danger…
2Cited by25 opinions
- Glantz v. GabelMontana Supreme Court · 1923
- Shinn v. RosenbergerSupreme Court of Pennsylvania · 1943
- Farmers' Northern Market Co. v. GallagherSupreme Court of Pennsylvania · 1958
- Waltimyer v. SmithSupreme Court of Pennsylvania · 1989
- Wampler v. ShenkSupreme Court of Pennsylvania · 1961
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