Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Yale Law School

Faculty Scholarship Series

1917

Licenses

Articles 1 - 1 of 1

Full-Text Articles in Legal History

Faulty Analysis In Easement And License Cases, Wesley N. Hohfeld Jan 1917

Faulty Analysis In Easement And License Cases, Wesley N. Hohfeld

Faculty Scholarship Series

A recent Pennsylvania case, Penman v. Jones,' involving important
coal mining interests, suggests not only some brief observations
on what appears to be a novel decision as to easements,
but also some critical comments on that which is of far greater
significance: the reasoning by which the result was reached.
The unusual chaos of conceptions and inadequacy of reasoning
in easement and license cases have not infrequently been emphasized-
without, however, any suggestion either as to the cause
of the difficulties involved or as to the remedy to be applied.
Thus, a learned New Jersey judge, Vice-Chancellor Van Fleet,
has ...