WALTIMYER v. SMITH


383 Pa.Super. 291 (1989)

556 A.2d 912

In re Dennis G. WALTIMYER and Barbara A. Waltimyer, Appellees, v. Romaine SMITH, Appellant.

Supreme Court of Pennsylvania.

Filed April 4, 1989.


Attorney(s) appearing for the Case

John Thompson, Jr., York for appellant.

John R. Gailey, Jr., York, for appellees.

Before BECK, KELLY and HESTER, JJ.


KELLY, Judge:

Romaine Smith appeals from an order determining that Dennis and Barbara Waltimyer owned a right-of-way by prescription as to the driveway located along the property between the parties' residential lots. We affirm the order of the trial court.

The relevant facts as found by the trial court may be summarized as follows. In 1937, Ervin and Clyde Eckert, brothers, owned two adjacent lots and decided to construct a driveway between them with approximately...

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