Wenger v. Rohrer

Citations

• 3 Pa. Super. 596
• 1897 Pa. Super. LEXIS 66

Syllabus

<p>Master and servant — Trespass—Respondeat superior.</p> <p>Where an action of trespass is brought against the servants of a turnpike company for work done in the service of the company, and there is nothing to indicate a wanton or malicious design to injure the plaintiff, the caséis one where the doctrine of respondeat superior applies, and the company for whose benefit the work was done should be included as a defendant.</p> <p>Highway — Long continued use — Presumption of right — Laches.</p> <p>As against a private person, a long continued occupancy of a public highway for a public use, or for a private use not inconsistent with the public use, will be presumed to have been of right.</p> <p>Ratification by municipal authorities as well as previous permission will be presumed as against a private citizen from long continued occupation of a public road by a turnpike company. Laches will be imputed to a citizen after nine years of such occupation.</p> <p>Turnpikes — Authority over the road — Drainage.</p> <p>Where a turnpike road had been substituted for a township road, the turnpike company succeeded to the authority of the supervisors as to the manner of its maintenance, including the method of drainage. The pub-lie use is paramount, and any private use must be in strict subordination to it. It follows that a turnpike company has the right to construct and maintain such a gutter for drainage as it may determine on.</p> <p>While the abutting owner of the fee may construct a private drain, yet if such drain cannot be maintained without interference with the method of drainage adopted by the turnpike company, it may be abated.</p>