Connery v. Brooke
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 61, to July Term 1870. This was an action on the case brought September 17th 1869, by Gfeorge Gr. Brooke against Lawrence Connery for obstructing a passage-way of the plaintiff. The defendant owned a lot fronting on the Bustleton and Somerton turnpike road; the plaintiff owned a lot directly back of it and adjoining it.
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Error to the District Court of Philadelphia: No. 61, to July Term 1870. This was an action on the case brought September 17th 1869, by Gfeorge Gr. Brooke against Lawrence Connery for obstructing a passage-way of the plaintiff. The defendant owned a lot fronting on the Bustleton and Somerton turnpike road; the plaintiff owned a lot directly back of it and adjoining it. Both lots had belonged to John Hatcher in 1856, and were separated from bis neighbor, Wendle, by a fence, along which was a lane from the lot now the plaintiff’s to the turnpike; there was no fence on the side of the lane next…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Williams, J.
We are of the opinion that the court erred in holding that by “the free use, right and privilege of a passageway,” we can only understand a way unimpeded by any means whatever, and that, as a necessary consequence, a gate hung across such way at its intersection with the turnpike, is a wrongful obstruction, for which an action will lie. Undoubtedly, as a general rule, the words of a grant are to be understood in their ordinary and natural sense, and if there is any doubt as to their meaning, they are to be taken most…
2Cited by32 opinions
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- Hindman v. FarrenSupreme Court of Pennsylvania · 1945
- Wiegand v. WiegandSupreme Court of Pennsylvania · 1944
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