Faulty Analysis in Easement and License Cases

Abstract

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 put the matter in terms none too strong