RATAJSKI v. W. PENN MFG. & SUPPLY CORP.


198 Pa.Super. 588 (1962)

Ratajski, Appellant, v. West Penn Manufacturing and Supply Corporation.

Superior Court of Pennsylvania.

June 13, 1962.


Attorney(s) appearing for the Case

Abraham Fishkin, for appellant.

Howard J. Hazlett, with him Hazlett, Gannon, Walter & Jacobs, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., June 13, 1962:

This is an action in equity to compel the defendant to remove a building which allegedly encroaches upon the plaintiff's land and upon a bordering street. The defendant claimed the land, including the bed of the alleged street, as its own and denied that the street was ever opened. No objection was taken to the form of action, and the parties agreed that it should be heard and determined by the court below without a jury. The court...

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