Snively v. Washington Township
Supreme Court of Pennsylvania
Appeal, No. 311, Jan. T., 1906, by-plaintiff, from order of O. P. Franklin Co., Sept. T., 1905, No. 156, refusing to take off nonsuit in case of I. N. Snively v. Washington Township. Trespass to recover damages for the destruction of a passageway for cattle under a public road. Before Gillan, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
A public road was laid out under authority of law in 1854 by the supervisors of the defendant township, through and over a farm located therein, which at that time belonged to the predecessor in title of appellant here. It was laid out on the site of an old private road on the farm in question. The owner of the land constructed a passageway of sufficient height, width and depth to serve in a triple capacity as water course, passageway for cattle, and as a necessary part of the *251private road. When the supervisors laid out the public road they covered the old…
2Cases cited9 opinions
- Yealy v. FinkSupreme Court of Pennsylvania · 1862
- Rapho v. MooreSupreme Court of Pennsylvania · 1871
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
- Dean v. New Milford TownshipSupreme Court of Pennsylvania · 1843
- Wagner v. Township of SalzburgSupreme Court of Pennsylvania · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Westmoreland Chemical & Color Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1928
- State Highway Route No. 72Supreme Court of Pennsylvania · 1919
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- Herrington's PetitionSupreme Court of Pennsylvania · 1920
- Mean v. CallisonSupreme Court of Oklahoma · 1911
13 more not listed; retrieve them via the Exa API.