Bradley v. American Telegraph & Telephone Co.
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1913, by defendant, from judgment of C. P. Dauphin Co., March T., 1903, No. 169, on verdict for plaintiff in case of Walter T. Bradley v. The American Telegraph & Telephone Company of Pennsylvania. Ejectment for land in Derry township.
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Appeal, No. 2, March T., 1913, by defendant, from judgment of C. P. Dauphin Co., March T., 1903, No. 169, on verdict for plaintiff in case of Walter T. Bradley v. The American Telegraph & Telephone Company of Pennsylvania. Ejectment for land in Derry township. Before Mc~ Carrell, J. At the trial, when the plaintiff was on the stand, the following offer was made: Mr. Snyder: We offer to prove, may it please the court, that the defendant company has admitted repeatedly, both orally and in writing, that it has no rights upon this land, that it has investigated the matter and that it wanted to…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s evidence exhibited a clear title to the land on which the telephone poles are located. The burden was therefore shifted to the defendant to show a right to the occupancy of the plaintiff’s property. This it undertook to do by the introduction of evidence tending to establish a parol license. The right asserted lacks the essential quality of an easement that there must be two tenements owned by distinct proprietors, one to which the right is attached and another on which it is imposed: Washburn’s Easements and Servitudes (3d ed.), sec. 3; Grant v. Chase…
2Cases cited5 opinions
- Huff v. McCauleySupreme Court of Pennsylvania · 1866
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
- Dark v. JohnstonSupreme Court of Pennsylvania · 1867
- Ardesco Oil Co. v. Richardson & TackSupreme Court of Pennsylvania · 1869
- Union Railroad & Transportation Co. v. Riegel & Co.Supreme Court of Pennsylvania · 1873
3Cited by5 opinions
- Morning Call, Inc. v. Bell Atlantic-Pennsylvania, Inc.Superior Court of Pennsylvania · 2000
- Kurtz v. Enterprise Telephone Co.Superior Court of Pennsylvania · 1933
- Cryer v. Sawkill Pines Camp, Inc.Superior Court of Pennsylvania · 1926
- Alitto v. Tucci, Pennsylvania Court of Common Pleas, Dauphin County1928
- Reed v. Philadelphia Life InsuranceSuperior Court of Pennsylvania · 1914