Kyper v. Sheaffer
Superior Court of Pennsylvania
Appeal, No. 197, Oct. T., 1909, by plaintiffs, from judgment of C. P. Huntingdon Co., Sept. T., 1905, No. 16, on verdict for defendants in case of Harry Kyper and A. S. Welch v. W. T. Sheaffer et al. Trespass for alleged wrongful use of a lane. Before Woods, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed.
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Appeal, No. 197, Oct. T., 1909, by plaintiffs, from judgment of C. P. Huntingdon Co., Sept. T., 1905, No. 16, on verdict for defendants in case of Harry Kyper and A. S. Welch v. W. T. Sheaffer et al. Trespass for alleged wrongful use of a lane. Before Woods, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed. Errors assigned were (1-25) various rulings on evidence and instructions fully stated in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Beaver, J.,
The action, the trial and result of which we are here called upon to review, was one of trespass, in which the plaintiffs charged the defendants with passing in and over an inclosed lane and open roadway to reach certain mountain timber land, lying to the east of the farm of one of them. The defendant Sheaffer, who'was the owner of the timber land, employed the other defendants to haul bark, lumber, etc., from his land. His claim was that he had a right to pass through and over the lane and land of the plaintiff Welch, the owner of the farm, by reason of a prescriptive…
2Cases cited11 opinions
- Walker v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Strause v. BraunreuterSuperior Court of Pennsylvania · 1897
- Brake v. CriderSupreme Court of Pennsylvania · 1884
- Fearn v. West Jersey Ferry Co.Supreme Court of Pennsylvania · 1891
- Hudson v. WatsonSuperior Court of Pennsylvania · 1899
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3Cited by4 opinions
- Conley v. MervisSupreme Court of Pennsylvania · 1936
- Becker v. RittenhouseSupreme Court of Pennsylvania · 1929
- Greiner v. CommonwealthSupreme Court of Pennsylvania · 1939
- First Pennsylvania Banking & Trust Co. v. McNallySuperior Court of Pennsylvania · 1963