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
Date of Authorship for this Version
Hohfeld, Wesley N., "Faulty Analysis in Easement and License Cases" (1917). Faculty Scholarship Series. Paper 4377.