Haffner v. Bittell

(Opinion oe the 'Court by

Judge Clarke

Affirming.

This is a passway case, and its width is' really the only question involved, since its existence as an appurtenant to the lands of plaintiffs is established beyond any question of doubt.

For more than thirty years it has been used continuously by plaintiffs and their predecessors in title, as a means of ingress and egress to and from their farms, without any one questioning their right to do so. During all of that time, and probably much longer, it has been fenced on both sides, and is referred to in the evidence by witnesses on both sides as a…