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2 Pennyp. 264

Place v. Proctor

Supreme Court of Pennsylvania

Decided March 27, 1882

Supreme Court of Pennsylvania · decided 1882-03-27

Case by Matthew Proctor against Jacob II. Place, to recover damages for obstructing a road over which the plaintiff claimed a right of way.

Decided 1882-03-27

— Per Curiam:

¶1There was certainly a latent ambiguity in the deeds: “ A road to cross the said race near grist mill,” might have intended either the head or fail race. Under such circumstances, parol evidence was clearly admissible and the contemporaneous construction of the parties was entitled to great weight.

¶2We think, therefore, that the question was fairly submitted to the jury.

¶3Judgment affirmed.

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