Chambers v. Furry
Supreme Court of Pennsylvania
These were two actions of trespass quare clausum fregit, for landing wagons, borses and passengers, on the plaintiff’s freehold in Paxtang township, on the east side of the river Susquehannah, from the defendants’ flats, and for receiving wagons, horses, and passengers, on board the said flats from the said close.
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These were two actions of trespass quare clausum fregit, for landing wagons, borses and passengers, on the plaintiff’s freehold in Paxtang township, on the east side of the river Susquehannah, from the defendants’ flats, and for receiving wagons, horses, and passengers, on board the said flats from the said close. The plaintiff shewed title to the locus in quo, under a deed dated 30th November 1785, from John Eppele and wife, and Sophia Eppele his mother, to the said plaintiff, in consideration of 120!. of a parcel of land, extending — perches on the east side of the said river, and the width…
1Opinion of the Court
By the court.
There can be no doubt but the plaintiff is entitled to recover in both suits. The plaintiff complains of an injury done to him in his freehold, and has fully proved his case. How then do the defendants justify themselves?
Their first plea set up, that the place where the supposed trespass was committed, was a public highway, has been abandoned. The facts would not warrant it. But had it *169been a highway, would it have been a justification? The public would in that case have been entitled to a right of passage, but the title to the soil, the stones, the wood or the grass growing…
2Cases cited3 opinions
- Chess v. ManownSupreme Court of Pennsylvania · 1834
- Bird v. SmithSupreme Court of Pennsylvania · 1839
- North Pennsylvania Railroad v. RehmanSupreme Court of Pennsylvania · 1865
3Cited by18 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Pearsall v. PostNew York Supreme Court · 1838
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Thomas v. FordCourt of Appeals of Maryland · 1885
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
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