EAGAN v. NAGLE


378 Pa. 206 (1954)

Eagan, Appellant, v. Nagle.

Supreme Court of Pennsylvania.

June 28, 1954.


Attorney(s) appearing for the Case

Maurice J. Coughlin, for appellants.

William W. Knox, with him Enoch C. Filer, for appellees.

Before STERN, C.J., STEARNE, JONES, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, June 28, 1954:

Plaintiffs' appeal is from a decree of the court below dismissing their bill in equity in which they sought to enjoin defendants from preventing their use of an alleged right of way over defendants' properties. Defendants denied the existence of any such easement.

In 1923, William Irwin Arbuckle, who owned 18 acres of land in Mill creek Township, Erie County, deeded to John H. Russell the westernmost...

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