Helwig v. Miller
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1911, by defendant, from decree of C. P. Columbia Co., Dec. T., 1908, No. 1, on bill in equity in case of Dora Helwig and Noah Helwig v. Reuben Miller. Bill in equity for an injunction.
Read the full summary
Appeal, No. 16, March T., 1911, by defendant, from decree of C. P. Columbia Co., Dec. T., 1908, No. 1, on bill in equity in case of Dora Helwig and Noah Helwig v. Reuben Miller. Bill in equity for an injunction. Before Evans, P. J. The court below found the facts to be as follows: 1. The plaintiffs and defendant own adjoining farms in this county, the defendant’s lying north of the plaintiffs’. That a public road leading from what is known as "The River hill road” to the borough of Catawissa passes through the plaintiffs’ farm. That the defendant has a private road, lane or right of way from…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiffs and the defendant are the owners respectively of adjoining tracts of land. The bill avers and the answer admits that the land of the former was subject to the servitude or easement of a private right of way in favor of the latter to enable its owner to reach the public highway. The record discloses no express grant of such *174easement from which we could determine its extent or limitations. In the absence of such grant, the character of the use itself acquiesced in by the parties through a long period of years becomes available as evidence of the extent of the…
2Cases cited3 opinions
- Connery v. BrookeSupreme Court of Pennsylvania · 1873
- Hartman v. FickSupreme Court of Pennsylvania · 1895
- Kohler v. SmithSuperior Court of Pennsylvania · 1896
3Cited by7 opinions
- Dyba Et Ux. v. BorowitzSuperior Court of Pennsylvania · 1939
- Nickels v. Hand in Hand Cornet BandSuperior Court of Pennsylvania · 1912
- Ziegler v. HoffmanSuperior Court of Pennsylvania · 1921
- Haig Corp. v. Thomas S. Gassner Co., Pennsylvania Court of Common Pleas, Philadelphia County1947
- Moscufo v. Mattiaccio, Pennsylvania Court of Common Pleas, Philadelphia County1948
2 more not listed; retrieve them via the Exa API.