Hudson v. Watson
Superior Court of Pennsylvania
Appeal, No. 146, April T., 1897, by defendant, from judgment of C. P. Armstrong Co., Dec. T., 1893, No. 263, on verdict for plaintiff. Trespass for obstructing right of way. Before Rayburn, P. J. This case came before the Superior Court in 2 Pa.
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Appeal, No. 146, April T., 1897, by defendant, from judgment of C. P. Armstrong Co., Dec. T., 1893, No. 263, on verdict for plaintiff. Trespass for obstructing right of way. Before Rayburn, P. J. This case came before the Superior Court in 2 Pa. Superior Ct. 422. The plaintiff, the owner of the alleged dominant tenement, brought this action in trespass against the defendant,. the owner of the alleged servient tenement, for obstruction of a right of way over the alleged servient tenement. It was alleged that a petition was presented for a road, which should run both over the land of Hudson and…
1Opinion of the Court
Opinion by
Beaver, J.,
When this case was heard about a year ago, 2 Pa. Superior Ct. 422, one of the assignments of'error was directed to a point presented by the defendant and to the answer of the court thereto. The point and answer were as follows: “ If the jury believe the evidence of Israel Watson, that the plaintiff agreed to abandon the road in dispute on the completion of the new road, the plaintiff cannot recover and the verdict of the jury must be for the defendant. That point is affirmed.” The inadequacy of the point was sustained for the reason that it did not affirm as a fact that…
2Cases cited3 opinions
- Bennett v. BiddleSupreme Court of Pennsylvania · 1891
- Okeson v. PattersonSupreme Court of Pennsylvania · 1857
- Hudson v. WatsonSuperior Court of Pennsylvania · 1896
3Cited by4 opinions
- Hudson v. WatsonSuperior Court of Pennsylvania · 1899
- Fidler v. RehmeyerSupreme Court of Pennsylvania · 1907
- Blauser v. CarsonSuperior Court of Pennsylvania · 1920
- Seem v. Henry, Pennsylvania Court of Common Pleas, Lehigh County1930