Ambler's Appeal
Supreme Court of Pennsylvania
Appeal from a decree of the Common Pleas of Montgomery County in equity. The bill in this case was filed by Mahlon R. Ambler against the Pennsylvania Schuylkill Yalley Railroad Company, praying for an injunction restraining the company from building an embankment for its tracks across a way which it alleged had been opened upon his farm, the building of which, it was alleged, would result in the closing of -the way. The following axe the facts as found by the master.
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Appeal from a decree of the Common Pleas of Montgomery County in equity. The bill in this case was filed by Mahlon R. Ambler against the Pennsylvania Schuylkill Yalley Railroad Company, praying for an injunction restraining the company from building an embankment for its tracks across a way which it alleged had been opened upon his farm, the building of which, it was alleged, would result in the closing of -the way. The following axe the facts as found by the master. The plaintiff owns, and has owned for about forty years, a farm in Upper Providence township, Montgomery county, containing 180…
1Per curiam
The ground occupied by the appellant in passing from one part of his farm to another part thereof is not an “established road or way” within the meaning of the 12th section of the act of February 19, 1849. He has the same right to that ground as to every other part of his farm. He may change his way of passing thereon at will. No other person has any right or interest therein. It is a mere passageway for the convenience of the owner of the land. Its use as such is not protected by any act of assembly, nor by any prescriptive right. It results onjy from the ownership of the land, and exists…
2Cited by1 opinion
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1905