Bennett v. Biddle
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM TBCE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 135 January Term 1891, Sup. Ct.; court below, No. 19 October Term 1889, O. P. On August 27, 1889, Henry L. Bennett brought trespass against Mary D. Biddle, to recover damages for the obstruction by the defendant of an alleged right of way of the plaintiff over the defendant’s land. The defendant pleaded not guilty.
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APPEAL BY DEFENDANT FROM TBCE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 135 January Term 1891, Sup. Ct.; court below, No. 19 October Term 1889, O. P. On August 27, 1889, Henry L. Bennett brought trespass against Mary D. Biddle, to recover damages for the obstruction by the defendant of an alleged right of way of the plaintiff over the defendant’s land. The defendant pleaded not guilty. At the trial on May 26,1890, the following facts were shown: Jacob Bennett died in 1827, seised of a tract of land in Birmingham township, Chester county, bounded on the east and on the west by public…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
The parties to this litigation own adjoining farms. A public road runs on the east side of one of them on which the buildings are located. Another parallel road runs on the west side of the other with the farm buildings upon it. Many years ago these farms were owned by brothers, who passed back and forth across each other’s fields, and kept up a gate in the line fence between the farms, to enable them to pass the more readily. In 1855, one of these farms passed into the hands of a purchaser, who was not a relative; but the occupants of both farms continued to…
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