Esling v. Williams
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. March 8. Case for obstructing a private way. The plaintiff was the owner of a right of way over the soil of a stranger. The defendants set up a right to use it in common with plaintiff, and gave evidence of acts of user for more than twenty-one years. The plaintiff, to rebut this, gave evidence showing that the user was of such a character that it was by consent and permission of the owner.
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In error from the District Court of Philadelphia. March 8. Case for obstructing a private way. The plaintiff was the owner of a right of way over the soil of a stranger. The defendants set up a right to use it in common with plaintiff, and gave evidence of acts of user for more than twenty-one years. The plaintiff, to rebut this, gave evidence showing that the user was of such a character that it was by consent and permission of the owner. Sharswood, J., instructed tbe jury, that the question was, whether there had been a continued, uninterrupted, and adverse use of the way under a claim of…
1Opinion of the CourtRogers, J.
Taking the charge as a whole, and it would be an act of injustice to the judge to take it in detached parts, we perceive nothing of which the plaintiff in error has any just Cause to complain. It is undoubtedly the law, that a continued, uninterrupted, and adverse use of an easement under a claim of right, and with the acquiescence and knowledge of the person interested, for a period of twenty years or upwards, will justify a jury in finding in favour of a party who sets up a right arising out of such use. Eor the law presumes in favour of long possession and *128use; and that the use was…
2Cases cited1 opinion
- Worrall v. RhoadsSupreme Court of Pennsylvania · 1837
3Cited by3 opinions
- Trexler v. LutzSuperior Court of Pennsylvania · 1955
- Hudson v. WatsonSuperior Court of Pennsylvania · 1899
- City of Raton v. PollardCourt of Appeals for the Eighth Circuit · 1920