Legal Opinion

Garrett v. Jackson

Supreme Court of Pennsylvania

Decided March 21, 1853PublishedCited by 36 opinions

Error to the Common Pleas of Delaware county. This was an action on the case for an obstruction of a way, brought by Esther Jackson v. William Garrett. It was brought to determine the right of way across land of defendant to. a public road.

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Error to the Common Pleas of Delaware county. This was an action on the case for an obstruction of a way, brought by Esther Jackson v. William Garrett. It was brought to determine the right of way across land of defendant to. a public road. The case was tried before Haines, J. He stated the case, generally, as follows :— “Benjamin Lobb, who died about the year 1770, devised the land through which the contested road passes, to his son Isaac Lobb, who held, it till his death, which happened about the year 1803. Isaac Lobb, the elder, devised the same tract to his son Isaac Lobb, the younger,…

1Opinion of the Court

The opinion of the Court was delivered, by

Black, C. J.

This was an action for disturbing the plaintiff’s right of way over the defendant’s land. Whether any such right existed was the only question. There was' some evidence of an old grant, and of enjoyment for upwards of half a century. The defendant’s counsel seemed to think, that the use of the road had not been adverse ; but the facts were submitted to the jury, and found, very properly as we think, in favor of the plaintiff.

A passage by one man over the land of another, with the special permission of the owner on every occasion of its…

2Cited by36 opinions

  1. Morning Call, Inc. v. Bell Atlantic-Pennsylvania, Inc.Superior Court of Pennsylvania · 2000
  2. Adshead v. SprungSuperior Court of Pennsylvania · 1977
  3. Bennett v. BiddleSupreme Court of Pennsylvania · 1891
  4. Wampler v. ShenkSupreme Court of Pennsylvania · 1961
  5. Glenn v. ShueySuperior Court of Pennsylvania · 1991

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