Fidler v. Rehmeyer

Citations

• 34 Pa. Super. 275
• 1907 Pa. Super. LEXIS 127

Syllabus

<p>Trespass — Obstruction of lane — Prescriptive use — Evidence—Cross- ' examination.</p> <p>In an action of trespass for obstructing a private way or lane, where it appears that the plaintiff before purchasing a farm demanded that the lane in question, which was on one of the boundary lines, should be closed, and the plaintiff, the vendor, and the owner of the adjoining land agreed that the lane should be closed, and the adjoining owner subsequently did close it, a sufficient consideration exists between the plaintiff and the adjoining owner to support the agreement entered into between them in relation to the fence.</p> <p>In such a case where the plaintiff claims the right to the lane by prescriptive use, and testifies that the fence was erected against his protest, and claims exemplary damages against the defendant, the adjoining owner, the defendant may show upon cross-examination of the plaintiff an agreement made before plaintiff took title that the fence should be removed, and that in pursuance of such agreement, a fence was constructed along the boundary line, and that it was built by the defendant with the knowledge, consent, and in the presence of the plaintiff, and on an agreement that the plaintiff should bear his share of the expense. Such proof is proper cross-examination, and is not in contradiction of plaintiff's deed. Declarations and acts of the plaintiff may be shown by the testimony of other witnesses, indicating an intention on the part of the plaintiff to abandon the easement.</p> <p>Where a right to a private way on the boundary line between two farms is claimed by prescription, the person denying the right may show that the use of the way had its beginning in the friendly and intimate association of a father-in-law and a son-in-law who owned the adjoining properties, that the use of it was for mutual accommodation, by permission, and so continued thereafter and was, therefore, not adverse. A . change in ownership by a sale of either property