NALLIN-JENNINGS PARK CO. v. STERLING et ux.


364 Pa. 611 (1950)

Nallin-Jennings Park Company, Appellant, v. Sterling et ux.

Supreme Court of Pennsylvania.

May 22, 1950.


Attorney(s) appearing for the Case

Charles Nealon Bourke, for appellant.

Will Leach, with him J. Harry Morosini and Joseph J. Cimino, for appellees.

Before DREW, C.J., STERN, STEARNE and BELL, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 22, 1950:

The appeal is from a decree in equity dissolving a preliminary injunction and dismissing the bill seeking to restrain alleged violations by the defendants of the grant of a right of way or easement over plaintiff's land.

Plaintiff (a corporation) and the defendants are the respective owners of contiguous tracts of land in Moosic Borough, Lackawanna County. A concrete...

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