Wissler v. Hershey
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action on the case to November Term, 1851, by Henry Wissler v. Benjamin Hershey, for obstructing a right of way claimed by the plaintiff over the farm of the defendant, and through his barn-yard to the plaintiff’s wood lot. The farm of the defendant and the wood lot of the plaintiff formerly formed parts of the same tract, which belonged to Michael Kauffman.
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Error to the Common Pleas of Lancaster county. This was an action on the case to November Term, 1851, by Henry Wissler v. Benjamin Hershey, for obstructing a right of way claimed by the plaintiff over the farm of the defendant, and through his barn-yard to the plaintiff’s wood lot. The farm of the defendant and the wood lot of the plaintiff formerly formed parts of the same tract, which belonged to Michael Kauffman. In 1812 Michael Kauffman divided the property into six parts, one of which constituted the farm now of the defendant, and the other five portions were wood lots. He put up all of…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
In this case the following points arose and were argued and determined by this Court.
1. When land is conveyed, which the vendee cannot reach without going over other land of the vendor, the right of way is implied, and, of necessity, becomes appurtenant to the land conveyed so long as it cannot be enjoyed otherwise.
2. In an action for disturbing such right of way, the plaintiff need not set out the origin of his title. But if he does, he must aver it according to the truth.
3. A judgment in such an action so far establishes the right in the…
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- Dulaney v. ROHANNA IRON AND METAL., INC.Supreme Court of Pennsylvania · 1985
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