Kemp v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 6, May T., 1893, by defendant, from judgment of G. P. Dauphin Co., Sept. T., 1891, No. 531, on verdict for plaintiff, Agnes Kemp. Trespass for obstructing private way. Before Simonton, P. J. The facts appear by tbe opinion of the Supreme Court.
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Appeal, No. 6, May T., 1893, by defendant, from judgment of G. P. Dauphin Co., Sept. T., 1891, No. 531, on verdict for plaintiff, Agnes Kemp. Trespass for obstructing private way. Before Simonton, P. J. The facts appear by tbe opinion of the Supreme Court. Plaintiff’s points were as follows: “ 1. If the jury find that tbe way of the plaintiff was permanent and necessary for the convenient use of her property, her right to use it was not destroyed by the conveyance to defendant of April 4, 1893, without special reservation of such right.” Affirmed. [1] “ 2. The fact that the land purchased by…
1Opinion of the Court
Opinion by
Mb.. Justice Green,
This is an action of trespass brought to recover damages for the obstruction of a private right of way over land formerly owned by the plaintiff, but which had been conveyed to the defendant company by the plaintiff several years before the alleged obstruction. The land over which the waj^ was claimed consisted of a strip 695 feet in length and 210 feet in width* and contained about three and one fifth acres. Apross the western end of the strip a lane, or way, extended and had been long in use, connecting the part of the farm lying to the east of the defendant’s…
2Cases cited10 opinions
- Grace Methodist Episcopal Church v. DobbinsSupreme Court of Pennsylvania · 1893
- Phillips v. PhillipsSupreme Court of Pennsylvania · 1864
- Cannon v. BoydSupreme Court of Pennsylvania · 1873
- Zell v. Universalist SocietySupreme Court of Pennsylvania · 1888
- Close v. ZellSupreme Court of Pennsylvania · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brush v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
- Doty v. Sandusky Portland Cement Co.Indiana Court of Appeals · 1910
- Bodine v. Wayne Title & Trust Co.Superior Court of Pennsylvania · 1907
- Davis v. Wheeling, Pittsburg & Baltimore RailroadSuperior Court of Pennsylvania · 1904
- Ireland v. Penn Motors Corp.New Jersey Court of Chancery · 1926
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