SCHWINGEN v. PIEKARSKI

No. 14.

13 Pa. D. & C. 2d 617 (1957)

Schwingen v. Piekarski

Common Pleas Court of Luzerne County, Pennsylvania.

October 31, 1957.


Attorney(s) appearing for the Case

Thomas C. Moore and J. Dallas Shepherd, for plaintiffs.

Joseph A. Kozak, for defendants.


PINOLA, J., October 31, 1957.

Plaintiffs, who live next door to defendants and have the right to use an alley in the rear of their properties, brought an action to compel defendants to remove a fence constructed of steel rails embedded in concrete and connected by heavy iron chains which it is alleged is in the alley.

In paragraph 8 of the complaint they aver that the "fence serves no useful purpose to the...

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