Kohler v. Smith
Superior Court of Pennsylvania
Appeal, No. 38, Nov. T., 1895, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1895, No. 51, on verdict for defendant. Trespass for obstructing a right of way. Before EndLICH, J. The facts appear from the charge of the court below, as follows : “ This suit is brought to recover damages for an alleged obstruction of a private right of way over the land of the defendant.
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Appeal, No. 38, Nov. T., 1895, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1895, No. 51, on verdict for defendant. Trespass for obstructing a right of way. Before EndLICH, J. The facts appear from the charge of the court below, as follows : “ This suit is brought to recover damages for an alleged obstruction of a private right of way over the land of the defendant. That obstruction is said to consist of two items : In the first case, a swinging gate and movable bars placed across the way; and, in the second place, obstructions at the one end of it near the creek by the placing of…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff below, who is the appellant here, claimed by prescription an easement in, being the right of way over, the tenement of the appellee. It is not claimed that there was any express grant. The evidence as to the prescriptive right to the easement or right of way is not strong but we do not understand it to have been seriously controverted in the court below. The plaintiff was, therefore, entitled to the enjoyment of such an easement as had been acquired by him and Ins predecessors in title by prescription. There is evidence as to what the character of the right…
2Cases cited2 opinions
- Connery v. BrookeSupreme Court of Pennsylvania · 1873
- Hartman v. FickSupreme Court of Pennsylvania · 1895
3Cited by11 opinions
- Calvert v. GriggsMississippi Supreme Court · 2008
- Board of Trustees v. GottenMississippi Supreme Court · 1918
- Dyba Et Ux. v. BorowitzSuperior Court of Pennsylvania · 1939
- Ziegler v. HoffmanSuperior Court of Pennsylvania · 1921
- Helwig v. MillerSuperior Court of Pennsylvania · 1911
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