TARRITY v. PITTSTON SCHOOLS, ET AL.

No. 1027 C.D. 1972.

18 Pa.Commw. 175 (1975)

James Tarrity and Louise Tarrity, his wife, Plaintiffs, v. Pittston Area School District and State Public School Building Authority, Defendants.

Commonwealth Court of Pennsylvania.

March 27, 1975.


Attorney(s) appearing for the Case

Lewis W. Wetzel, with him John C. Eichorn and Joseph J. Musto, for plaintiffs.

J. Earl Langan, with him James R. Clippinger, for defendants.

Argued March 4, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, Jr., MENCER, ROGERS and BLATT.


PER CURIAM, March 27, 1975:

The plaintiffs in this equity suit complained of the obstruction placed by the defendants across a roadway, the right to the use of which the plaintiffs claim by prescriptive right. After trial, the chancellor concluded that the plaintiffs had acquired an easement to use the roadway, which the defendants had unlawfully obstructed and by decree nisi made November 15, 1974, directed the defendants to remove the obstruction, to provide a practical...

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