Hammond v. Hammond
Supreme Court of Pennsylvania
Appeal, No. 347, Jan. T., 1916, by plaintiff, from judgment of C. P. Franklin Co., Feb. T., 1916, No. 15, on verdict for defendant, in case of Martin F. Hammond v. Philip A. Hammond. Trespass for alleged injuries to real estate. Before Gillan, P. J. The opinion of the Supreme Court states the facts. Verdict for defendant and judgment thereon. Plaintiff appealed. were rulings on evidence and instructions to the jury.
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Appeal, No. 347, Jan. T., 1916, by plaintiff, from judgment of C. P. Franklin Co., Feb. T., 1916, No. 15, on verdict for defendant, in case of Martin F. Hammond v. Philip A. Hammond. Trespass for alleged injuries to real estate. Before Gillan, P. J. The opinion of the Supreme Court states the facts. Verdict for defendant and judgment thereon. Plaintiff appealed. were rulings on evidence and instructions to the jury. A grant of a right of way gives nothing to the grantee except the right of way; the ownership of the soil remains in the owner of the servient tenement and the latter will not be…
1Opinion of the Court
Opinion bt
Mr. Justice Walling,
This action of trespass involves the authority of one having a right of way over the land of another to substitute a. bridge for a ford as a means of crossing a creek, where the method of such crossing was not designated in the original grant.
In 1893, Martin P. Hammond, the owner of a large farm in Fannett Township, Franklin County, conveyed a part thereof to his son, Philip A. Hammond, the defendant ; and as the premises so'conveyed did not extend to the public highway, the deed provides that: “it is further agreed that the said Philip A. Hammond, his heirs and…
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