Worrall v. Rhoads
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Delaware county, to remove the record of an action upon the case brought by Abel Worrall against Joseph Rhoads, to recover damages for obstructing the plaintiff’s right of way from his dwelling-house and farm into the public highway.
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Writ of error to the Court of Common Pleas of Delaware county, to remove the record of an action upon the case brought by Abel Worrall against Joseph Rhoads, to recover damages for obstructing the plaintiff’s right of way from his dwelling-house and farm into the public highway. Several witnesses were examined on the trial, who proved that the plaintiff^ and those under whom he claimed, and others, had for about forty years used a road across the defendant’s land to get to the public highway. The land over which the road passed was unenclosed, and partly woodland. It also appeared that…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The only question presented by the record of this case, in which the President Judge of the court below can for a moment be supposed to have erred, arises out of his instruction to the jury on the second point submitted by the plaintiff’s counsel. By this point the counsel requested the court to charge the jury, “ that if they believed, from the evidence, that the plaintiff, or the occupiers of his farm, had used a way uninterruptedly upon and over the land of the defendant for more than twenty-one years, they had a right to presume a grant,…
2Cases cited3 opinions
- Chambers v. FurrySupreme Court of Pennsylvania · 1792
- Chess v. ManownSupreme Court of Pennsylvania · 1834
- Wells v. HowellNew York Supreme Court · 1822
3Cited by16 opinions
- Williams v. GreenSupreme Court of Virginia · 1910
- Walton v. KnightWest Virginia Supreme Court · 1907
- Tinicum Fishing Co. v. CarterSupreme Court of Pennsylvania · 1869
- Humberston v. HumbertSuperior Court of Pennsylvania · 1979
- Trexler v. LutzSuperior Court of Pennsylvania · 1955
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