Blauser v. Carson
Superior Court of Pennsylvania
Appeal, No. 200, Oct. T., 1919, by defendant, from judgment of C. P. Centre Co., Dec. T., 1917, No. 3, on verdict for plaintiff in the case of William Blauser y. Frank A. Carson. Trespass to recover damages for injuries to real estate. Before Quigley, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $6 and judgment thereon. Defendant appealed.
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Appeal, No. 200, Oct. T., 1919, by defendant, from judgment of C. P. Centre Co., Dec. T., 1917, No. 3, on verdict for plaintiff in the case of William Blauser y. Frank A. Carson. Trespass to recover damages for injuries to real estate. Before Quigley, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $6 and judgment thereon. Defendant appealed. Errors assigned were various rulings on evidence, the charge of the court, answers to points and refusal to grant a new trial.
1Opinion of the Court
Opinion by
Trexler, J.,
There is an alley running from a turnpike across land formerly owned by Wilson now by Blauser, the plaintiff, to property in the rear formerly owned by McCoy. This alley was opened for many years, probably since 1823, was fenced and extended beyond the line of the Wilson property about 167 feet into the McCoy property and afforded access to the buildings on the McCoy lot and free and uninterrupted entrance was given to anyone who desired it.
In 1894 McCoy, the owner of the rear lot sold a portion of his property to Clara Liester. The portion sold included the part of the…
2Cases cited16 opinions
- Huff v. McCauleySupreme Court of Pennsylvania · 1866
- Manbeck v. JonesSupreme Court of Pennsylvania · 1899
- Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
- Phillips v. PhillipsSupreme Court of Pennsylvania · 1864
- Pierce v. Cleland, Pennsylvania Court of Common Pleas, Lackawanna County1890
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3Cited by4 opinions
- Ritter v. HillSupreme Court of Pennsylvania · 1924
- Gerhart Et Ux. v. HilsenbeckSuperior Court of Pennsylvania · 1948
- Ackerman's EstatePennsylvania Orphans' Court, Erie County · 1938
- Semenko v. Campbell, Pennsylvania Court of Common Pleas, Westmoreland County1982