BIEBER v. ZELLNER


421 Pa. 444 (1966)

Bieber, Appellant, v. Zellner.

Supreme Court of Pennsylvania.

May 24, 1966.


Attorney(s) appearing for the Case

Richard J. Makaul, with him George J. Joseph, and Joseph and Kellar, for appellant.

W. Hamlin Neely, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE COHEN, May 24, 1966:

This appeal is taken from the decree of the lower court, en banc, which refused to enjoin defendants from using a roadway owned by the plaintiff.

In 1941 plaintiff acquired thirteen acres of land on a portion of which he constructed a residence. In 1955 he acquired a strip of land about 1,000 feet long (east to west) immediately to the north of his other land. There is on this strip a dirt roadway which connects...

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