Hudson v. Watson
Superior Court of Pennsylvania
Appeal, No. 61, April T., 1899, by defendant, from judgment of C. P. Armstrong Co., Dec. T., 1893, No. 263, on verdict for plaintiff. Opinion by Rice, P. J. Trespass. Before Rayburn, P. J. It appears from the record that this case has been twice before the Superior Court on appeal, 2 Pa. Superior Ct. 422, where judgment for defendant was reversed on appeal, and 5 Pa.
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Appeal, No. 61, April T., 1899, by defendant, from judgment of C. P. Armstrong Co., Dec. T., 1893, No. 263, on verdict for plaintiff. Opinion by Rice, P. J. Trespass. Before Rayburn, P. J. It appears from the record that this case has been twice before the Superior Court on appeal, 2 Pa. Superior Ct. 422, where judgment for defendant was reversed on appeal, and 5 Pa. Superior Ct. 456, where judgment for plaintiff for $1.50 was reversed, to which reports reference may be had for a history of the case. This action was brought for the obstruction of a way across the plaintiff’s land, plaintiff…
1Opinion of the Court
Opinion bt
Rice, P. J.,
This was an action for the obstruction of a way across the defendant’s land. The plaintiff claimed that it was a private *270way appurtenant to his land. The defendant claimed (1) that if the plaintiff ever had a right of way, it was extinguished by an agreement, which had been so far executed as to make it inequitable to rescind the same (see Hudson v. Watson, 2 Pa. Superior Ct. 422, and s. c. 5 Pa. Superior Ct. 456); (2) that if there was a way, it was public and not private; therefore the plaintiff could not maintain an action without showing special damage, differing in…
2Cases cited7 opinions
- Garrett v. JacksonSupreme Court of Pennsylvania · 1853
- Pierce v. CloudSupreme Court of Pennsylvania · 1862
- Hudson v. WatsonSuperior Court of Pennsylvania · 1897
- Hudson v. WatsonSuperior Court of Pennsylvania · 1896
- Esling v. WilliamsSupreme Court of Pennsylvania · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wedge Et Ux. v. Schrock Et Ux.Superior Court of Pennsylvania · 1941
- Carter v. Ridge Turnpike Co.Superior Court of Pennsylvania · 1903
- Kyper v. SheafferSuperior Court of Pennsylvania · 1910
- Laura Fister v. Thomas ReitzSuperior Court of Pennsylvania · 1931
- Bova v. Gambino, Pennsylvania Court of Common Pleas, Philadelphia County1931
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