Faulty Analysis in Easement and License Cases
Wesley Newcomb Hohfeld · The Yale Law Journal · 1917
A recent Pennsylvania case, Penman v. Jones,' involving importantcoal mining interests, suggests not only some brief observationson what appears to be a novel decision as to easements,but also some critical comments on that which is of far greatersignificance: the reasoning by which the result was reached.The unusual chaos of conceptions and inadequacy of reasoningin easement and license cases have not infrequently been emphasized-without, however, any suggestion either as to the causeof 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