MILLER v. NICHOLS


363 Pa.Super. 508 (1987)

526 A.2d 794

George Benjamin MILLER, Jr. and Betty L. Miller, Husband and Wife, Appellees, v. John N. NICHOLS and Verna A. Nichols, Husband and Wife, Appellants.

Supreme Court of Pennsylvania.

Filed June 5, 1987.


Attorney(s) appearing for the Case

Gregory L. Kiersz, Waynesboro, for appellants.

Edward F. Martin, Waynesboro, for appellees.

Before WIEAND, MONTEMURO and JOHNSON, JJ.


WIEAND, Judge:

May the owner of the fee underlying a rural, township road compel the removal of a neighbor's mailbox which has been placed within the public right of way at the request of the United States Postal Service? The trial court held that the mailbox served only private interests and, therefore, upheld the right of the landowner to maintain an action in ejectment. The court ordered removal of the mailbox. We reverse.

The residence of John and Verna...

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