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Faulty Analysis in Easement and License Cases, 27 Yale Law Journal 66 (1917)


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

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