Hudson v. Watson
Superior Court of Pennsylvania
Appeal, No. 66, April T., 1896, by plaintiff, from judgment of C. P. Armstrong Co., Dec. T., 1893, No. 263, on verdict for defendant. Trespass for obstructing right of way.
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Appeal, No. 66, April T., 1896, by plaintiff, from judgment of C. P. Armstrong Co., Dec. T., 1893, No. 263, on verdict for defendant. Trespass for obstructing right of way. Before Rayburn, P. J. The following facts are stated in the opinion of the Superior Court: “The plaintiff, the owner of the alleged dominant tenement, brought his action in trespass against the defendant the owner of the alleged servient tenement, for an obstruction of a right of way over and across the servient tenement alleged to have been acquired by prescription. The defendant defended on the ground, among others, that…
1Opinion of the Court
Opinion by
Beaver, J.,
(after stating the facts as above) :
The validity of such a contract as is contained in the offer, the admission of which constitutes the first assignment of error, although it would seem at first blush to be against public policy and therefore void, has been expressly determined in Weeks v. Lippincott, 42 Pa. 474. If the evidence had gone no funther than the offer, it was clearly incompetent; but inasmuch as the testimony shows that, in pursuance of the agreement, Watson, the owner of the servient tenement, refrained from making any objection to the public road referred…
2Cases cited5 opinions
- Huff v. McCauleySupreme Court of Pennsylvania · 1866
- Wynn v. GarlandSupreme Court of Arkansas · 1857
- Weiss v. Bor. of South Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1890
- American Life & Health Insurance v. RobertshawSupreme Court of Pennsylvania · 1856
- Weeks v. LippencottSupreme Court of Pennsylvania · 1862
3Cited by4 opinions
- Hudson v. WatsonSuperior Court of Pennsylvania · 1899
- Blauser v. CarsonSuperior Court of Pennsylvania · 1920
- Hudson v. WatsonSuperior Court of Pennsylvania · 1897
- Fogal v. SwartSuperior Court of Pennsylvania · 1908