Arnold v. Cornman
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of trespass on the case, by Philip Arnold against Jonathan Cornman, in which the plaintiff claimed to recover damages for the interruption of a right of way over a lot of ground of the defendant, in the borough of Carlisle. The two adjoining lots of the plaintiff and defendant were both owned by Thomas Foster, who in 1798 conveyed the lot owned by the defendant to Michael Wendel.
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Error to the Common Pleas of Cumberland county. This was an action of trespass on the case, by Philip Arnold against Jonathan Cornman, in which the plaintiff claimed to recover damages for the interruption of a right of way over a lot of ground of the defendant, in the borough of Carlisle. The two adjoining lots of the plaintiff and defendant were both owned by Thomas Foster, who in 1798 conveyed the lot owned by the defendant to Michael Wendel. In the deed from Foster to Wendel there was the following reservation*:— “ And further, the said Thomas Foster reserves the privilege of making and…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The first and fourth assignments of error are too indefinite to raise any question for our adjudication. They are *367better suited to a motion for a new trial, than tb the purposes of a writ of error. We may remark, however, that there is nothing in the verdict and judgment which negatives the existence of a right of way over the lot of the defendant. It is a mistake, therefore, to assert that the plaintiff has lost his right, whatever that may be, without evidence against it. Some right was conceded by the court, but whether it was along the…
2Cited by6 opinions
- Becker v. RittenhouseSupreme Court of Pennsylvania · 1929
- Kurtz v. HokeSupreme Court of Pennsylvania · 1896
- Commonwealth v. Phila. R.Supreme Court of Pennsylvania · 1890
- Redmond v. Excelsior Saving Fund & Loan Ass'nSupreme Court of Pennsylvania · 1900
- Livengood v. StaufferSuperior Court of Pennsylvania · 1906
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