47 Pa. Super. 171 | Pa. Super. Ct. | 1911
Opinion by
The plaintiffs and the defendant are the owners respectively of adjoining tracts of land. The bill avers and the answer admits that the land of the former was subject to the servitude or easement of a private right of way in favor of the latter to enable its owner to reach the public highway. The record discloses no express grant of such
In 1908 the plaintiffs, for the protection of their stock and property, erected a swinging gate on the same location formerly occupied by the pair of bars referred to. The defendant, contending that the erection of such gate was a legal obstruction to the enjoyment of his easement, refused to close it when passing through and denied any obligation on his part to close it. Plaintiffs then filed this bill and the learned judge below, further finding that the gate in question was “an ordinary swinging gate, opening either way, easily operated, and not an unreasonable obstruction to the free use by the defendant of his private right of way,” entered a decree requiring the defendant, his servants, etc., to properly close said gate when using it and restraining the use of the private right of way in any other manner. The defendant appeals.
Under the facts found it is clear that the plaintiffs remained the absolute owners of the soil traversed by the private way. This being so, they could use it as they chose so as not to interfere with the proper and reasonable
These authorities seem to us to rule the case before us and relieve us of any necessity to further elaborate the doctrine. The able counsel for the appellant seeks to distinguish them from the case at bar because, as he argues, this was not merely a right of way used by the owner of farm land to enable him to reach a highway, but it was freely used by strangers who had occasion to visit the premises of the appellant for purposes of business or pleasure. But such strangers had no right in themselves to the use of this way, To so argue would be to deny that
The decree is affirmed.