March-Brownback Stove Co. v. Evans
Superior Court of Pennsylvania
Appeal, No. 22, Oct. T., 1898, by defendant, from judgment of C. P. Montgomery Co., June T., 1897, No. 160, on verdict for plaintiff. Trespass. Before Weahd, J. The facts sufficiently appear from the charge of the court below: - • This action is brought to recover damages nominally for the obstruction of a right of way.
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Appeal, No. 22, Oct. T., 1898, by defendant, from judgment of C. P. Montgomery Co., June T., 1897, No. 160, on verdict for plaintiff. Trespass. Before Weahd, J. The facts sufficiently appear from the charge of the court below: - • This action is brought to recover damages nominally for the obstruction of a right of way. It appears that in 1866 Benjamin Frick being the owner of a large tract of land at what is now called Linfield, in this county, conveyed part of it to the predecessors in title of the present plaintiffs, and in that deed he reserved to his grantees (that is to these…
1Opinion of the Court
Opinion by
William W. Pobteb,, J.,
This action is for nominal damages for the obstruction of two rights of way. Had they been ways of necessity only, they would have ceased on the opening of the public road, giving access to the places to which the ways led. When land is conveyed, to which the vendee cannot have access without going over the land of the vendor, a right of way is implied, and of necessity becomes appurtenant to the land conveyed so long as the land cannot be enjoyed otherwise, but the vendee may lose this right by cessation of the necessity on which it was founded: Wissler v.…
2Cases cited3 opinions
- Gunson v. HealySupreme Court of Pennsylvania · 1882
- Wissler v. HersheySupreme Court of Pennsylvania · 1854
- Kraut's AppealSupreme Court of Pennsylvania · 1872
3Cited by3 opinions
- Taylor v. HeffnerSupreme Court of Pennsylvania · 1948
- Pennsylvania Water & Power Co. v. ReigartSuperior Court of Pennsylvania · 1937
- Citizens' Electric Co. v. DavisSuperior Court of Pennsylvania · 1910