Fisher v. Farley
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. This was an action in ease by Jacob Farley v. John L. Fisher, for obstructing an alleged private right of way, to the damage of the plaintiff. The action was brought in 1851. No special damage was claimed in the narr. The plea was, not guilty.
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Error to the Common Pleas of Union county. This was an action in ease by Jacob Farley v. John L. Fisher, for obstructing an alleged private right of way, to the damage of the plaintiff. The action was brought in 1851. No special damage was claimed in the narr. The plea was, not guilty. The father of the plaintiff owned a tract of land of about 104 acres, taking possession of it about 1810. He either made or used a road previously existing through adjoining lands, and it was used by the family till Jacob Farley, the plaintiff, became the owner of his father’s tract in 1827; and he used the…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
Jacob Farley, the defendant in error, and plaintiff below, claimed a private right of way across the land of John L. Fisher, the plaintiff in error, and defendant below, and this action was brought by Farley against Fisher to recover damages for its obstruction.
As presented ujmn the paper-boob, the defence appears to have been—
1st. That the right of way was a public and not a private right, and therefore there could be no recovery, as no special damage was alleged or proven.
2d. That if the right was a private one the defendant was justified in…
2Cited by3 opinions
- Pantall v. Rochester & Pittsburg Coal & Iron Co.Supreme Court of Pennsylvania · 1902
- Auburn Bolt & Nut Works v. ShultzSupreme Court of Pennsylvania · 1891
- Alexander v. Smith, Pennsylvania Court of Common Pleas, Clearfield County1923