40 Ind. App. 575 | Ind. Ct. App. | 1907
This was a suit brought by appellee to enjoin appellant from removing a gate erected by appellee upon his land at a point where a certain easement for the passage of wagons and vehicles entered upon a highway running along said land.
termini of an easement or right of way passing over said estate. Phillips v. Dressler (1890), 122 Ind. 414, 17 Am. St. 375; Boyd v. Bloom (1899), 152 Ind. 152; Whaley v. Jarrett (1887), 69 Wis. 613, 34 N. W. 727, 2 Am. St. 764; Short v. Devine (1888), 146 Mass. 119, 15 N. E. 148; Brill v. Brill (1888), 108 N. Y. 511, 15 N. E. 538; Washburn, Easements and Servitudes (4th ed. by Croswell), *160; Connery v. Brooke (1873), 73 Pa. St. 80; Hartman v. Fick (1895), 167 Pa. St. 18, 31 Atl. 342, 46 Am. St. 658. The rule and the reasons therefor are well stated in Goddard, Easements (Bennett’s ed.), 330, where the learned author says: “Questions often arise whether the owner of a private way through another’s land has a right to an entirely free and open way the whole distance, or whether the landowner may lawfully erect gates or bars at the termini of the way, either where it enters the highway or at the opposite end. Obviously, the burden on the owner of the servient estate is much greater, if he must either leave the way entirely open for the inroads of others’ beasts, and the escape of his own, or else fence both sides of the way for its entire length. On the other hand, the use of the way to the owner
Judgment affirmed.