Ebner v. Stichter
Supreme Court of Pennsylvania
Error, to the Common Pleas of Berks county. This was an action on the case by John Ebner v. Joseph L. Stichter and James McKnight for interfering with or disturbing his right of way, along a private alley bounding his lot in the rear. His lot was a part of a lot No. 1, fronting on Penn street, in Reading, the other part of the lot being situate on the corner of Penn and Callowhill streets.
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Error, to the Common Pleas of Berks county. This was an action on the case by John Ebner v. Joseph L. Stichter and James McKnight for interfering with or disturbing his right of way, along a private alley bounding his lot in the rear. His lot was a part of a lot No. 1, fronting on Penn street, in Reading, the other part of the lot being situate on the corner of Penn and Callowhill streets. His portion of said lot was about 28 feet in width and extended 100 feet back to the private alley, laid out in the rear of the lot, of which alley he had the use in common with other owners of parts of the…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
The jury have found, under proper evidence and proper instructions, that the alley appurtenant to the plaintiff’s lot, and that over the defendant’s, formed one continuous way, that the plaintiff had a right of passage over the defendant’s part *23of the alley, and the defendants over that of the plaintiff, by mutual agreement, each grant being the consideration of the other.
The defendants have erected a building on each side of, and over their part of the alley, and the plaintiff avers that, by reason of this, the capacity of the alley has been…
2Cited by5 opinions
- McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Witman v. StichterSupreme Court of Pennsylvania · 1930
- Leininger v. GoodmanSupreme Court of Pennsylvania · 1923
- Horn v. Miller, Pennsylvania Court of Common Pleas, Bedford County1890