Legal Opinion

Root v. Commonwealth

Supreme Court of Pennsylvania

Decided June 20, 1881PublishedCited by 7 opinions

May 25th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, oJ. Sharswood, C. J., absent. Error to tbe Court of Quarter Sessions of Warren county: Of May Term 1881, No. 67. This was an indictment against Perry and Daniel Root for obstructing a highway. On the trial before Wetmore, P. J., the following facts appeared in evidence : In 1812 one Benjamin Tome was tlie owner of a tract of land on tbe eastern shore of the Allegheny river.

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May 25th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, oJ. Sharswood, C. J., absent. Error to tbe Court of Quarter Sessions of Warren county: Of May Term 1881, No. 67. This was an indictment against Perry and Daniel Root for obstructing a highway. On the trial before Wetmore, P. J., the following facts appeared in evidence : In 1812 one Benjamin Tome was tlie owner of a tract of land on tbe eastern shore of the Allegheny river. A public road ran through this tract along the bank of tbe river. The tract on tlie opposite or western shore of tbe river was owned by one Webb. A…

1Opinion of the CourtJustice Trunkey

Prior to 1842 a public road bad been opened on each bank of the river near its margin, and for about ten years a ford had been used by people who chose to cross from one road to the other, at or near the place of the ferry between the land of the defendants to the land of Webb. The road on the east bank of the river was vacated and another opened running in the same direction, about forty rods farther east. • Brown, who then occupied the land now owned by defendants, opened a lane from his barn out to this road, and the public passed over it and through an open field to the ford without…

2Cases cited2 opinions

  1. Irwin v. DixionSupreme Court of the United States · 1850
  2. Gowen v. Philadelphia Exchange Co.Supreme Court of Pennsylvania · 1843

3Cited by7 opinions

  1. Zerbey v. AllanSupreme Court of Pennsylvania · 1906
  2. Commonwealth v. Phila. R.Supreme Court of Pennsylvania · 1890
  3. Commonwealth v. LlewellynSuperior Court of Pennsylvania · 1900
  4. Washington Borough v. SteinerSuperior Court of Pennsylvania · 1904
  5. Holly v. New York Central Rd.Ohio Court of Appeals · 1929

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