Download book Pennsylvania State Reports Volume 122

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Download book Pennsylvania State Reports Volume 122

Pennsylvania State Reports Volume 122. Pennsylvania Supreme Court

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Author: Pennsylvania Supreme Court
Page Count: 264 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: Pdf
ISBN: 9781231149461
File size: 43 Mb
Download Link: Pennsylvania State Reports Volume 122
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ...is testimony that in 1871 this road was plainly marked upon the ground as a road in actual use. That would, of course, put anybody desiring to purchase the property upon notice that there was such a road there; that probably there was that incumbrance there, and then, if the deed was made without any reference to the road, without any express agreement against it, or any promise to be responsible for the damage it might cause, there would be no remedy; that is, no remedy under the implied contract arising from the words, 'grant, bargain, and sell.' In other words, if you find from all the evidence that the road was plainly marked upon the ground, Opinion of the Court. showing it to be a burden on this property, an easement upon the ground, the plaintiff is entitled to recover. If, however, you find it was not so, then you come to the other question in the case," viz.: the question of damages or compensation for failure of consideration, etc. The attention of the jury had previously been called to the declarations of Mr. Eby, "axlmitting that before the deed was executed, Mr. Cowden and his associates had been assured that there was no road," and other evidence bearing on the question. That controlling question of fact raised by the evidence, and submitted to the jury, was decided adversely to plaintiffs. They also undertook to prove that at the time the deed was executed, an allowance was made for the easement, and ' that $1,000 or $1,500 was thrown off" for the injury which it Hdto the property. That question was submitted to the jury% and, as requested by plaintiffs, they were instructed that if such was found to be the fact, defendants were not entitled to any deduction for the easement in question; but that, as well as all other mate...

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