Benner v. Silvis

OPINION BY

DONOHUE, J.:

¶ 1 Appellant Milton Kenneth Benner (“Benner”) appeals from the order dated May 25, 2007 denying his motion for post-trial relief from the trial court’s verdict dated January 8, 2007 granting Appellee Paul H. Silvis (“Silvis”) $26,402.90 in damages pursuant to the Private Road Act, 36 P.S. §§ 2731-2763. For the reasons set forth herein, we reverse and remand.

¶ 2 The factual and procedural background of this case is as follows. Benner has owned a 40-acre parcel of land in Patton Township, Centre County since 1961, originally as a tenant-in-common with his father and…