TOSH v. WITTS


381 Pa. 255 (1955)

Tosh, Appellant, v. Witts.

Supreme Court of Pennsylvania.

April 18, 1955.


Attorney(s) appearing for the Case

Wayne S. Luce, for appellants.

Lee E. Whitmire, Jr., with him Homer H. Swaney, for appellees.

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


OPINION BY MR. CHIEF JUSTICE HORACE STERN, April 18, 1955:

This is an appeal from the lower court's refusal to order defendants to remove a fence which they had erected in order to block an alleged right of way of plaintiffs over defendants' land. The court dismissed the bill of complaint at the conclusion of plaintiffs' testimony.

Fourth Avenue intersects Fourth Street at right angles in the Borough of Freedom, Beaver County. Fourth Avenue runs...

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