Philadelphia County Court of Common Pleas, 1883

Bowers v. Schweer

Bowers v. Schweer
Philadelphia County Court of Common Pleas · Decided January 9, 1883 · Clark, Gordon, Green, Merotjr, Paxson, Pbr, Sterrett, Trttnkey
3 Pennyp. 317

Counsel

William Gorman for plaintiff in error., P. K. Prdman and B. P. Pisher for defendant in error.

Bowers v. Schweer

Opinion of the Court

Pbr Curiam

: The jury have found, on sufficient evidence, that the defendant in error, and those under whom he claims, the successive occupants and owners of the lot for more than twenty-one years, *322liave continuously used the 'alley for the benefit of the house on the lot, and have always maintained a locked gate thereat. This continued and adverse enjoyment, under a claim of right for so many years, gave a title which cannot be revoked. Without regard to the original title to the soil, this was a visible, notorious, and permanent dedication of the exclusive enjoyment thereof, which has fully ripened, and is now vested in the defendant in error. This gave him a right to maintain the gate, and, under the evidence of injury thereto, a remedy in damages against the wrong-doer.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.