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McCARGO et al. v. EVANSON

188 Pa.Super. 465 (1959)

McCargo et al., Appellants, v. Evanson.

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

Edmund K. Trent, with him Reed, Smith, Shaw & McClay, for appellants.

Ella Graubart, with her B.A. Karlowitz, and Patterson, Crawford, Arensberg & Dunn, for defendants, appellees.

David Stahl, Assistant City Solicitor, with him J. Frank McKenna, Jr., City Solicitor, for City of Pittsburgh, additional defendant, appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, ERVIN, and WATKINS, JJ. (WOODSIDE, J., absent).

OPINION BY RHODES, P.J., March 18, 1959:

This is an action in equity which was instituted by the owners of several properties in the vicinity of the T intersection of Highmont Road and Shady Avenue in the City of Pittsburgh. They sought to enjoin the defendants Jacob A. Evanson and Mildred Throne Evanson and their building contractor from constructing a driveway and sewer connection from the Evanson lot across an adjoining 10-foot strip of land to Highmont Road, a...

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