Kurtz v. Hoke

Citations

• 172 Pa. 165
• 33 A. 549
• 1896 Pa. LEXIS 759

Syllabus

<p>Ways — Uninclosed woodland — Prescription—Gontinuity of user — Act of April 25, 1850.</p> <p>Prior to the act of April 25, I860, sec. 21, P. L. 572, which declared that no prescriptive right to a road through uninclosed woodland should thereafter be acquired, a person could acquire by continuous use for twenty-one years a right to a way through uninclosed woodland, and mere immaterial changes in the roadbed caused by washing of rains and time did not interrupt the continuity of the use, if the road substantially remained the same road.</p> <p>Since the act of April 25, 1850, declaring that no prescriptive right to a road through uninclosed woodland should thereafter be acquired, a right by continuous use for twenty-one years of a way over arable land does not draw with it a right of way over the uninclosed woodland belonging to the owner of the arable land and adjoining such land.</p> <p>Practice, Supreme Court — Record—Answer to points.</p> <p>Where on an appeal to the Supreme Court, the record shows a point and an answer thereto reduced to writing by the lower court, and the point and answer are assigned as error, the point and answer will be considered a part of the record, although the reporter’s notes and the statement of the court below on a motion for a new trial indicate that the point was not read to the jury, and the instruction embodied in it was shown by the record not to have been given to the jury in the general charge.</p>