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FENGFISH v. DALLMYER

434 Pa.Super. 250 (1994)

642 A.2d 1117

David and Joyce FENGFISH, Appellees, v. Herbert and Louelle DALLMYER, Appellants.

Superior Court of Pennsylvania.

Filed June 2, 1994.

Attorney(s) appearing for the Case

Daniel J. Flaherty, York, for appellants.

Larry C. Heim, York, for appellees.

Robert A. Krug, Dove, for Pfleigher, participating party.

Stephen P. Linebaugh, York, for Schaull, participating party.

Jack Barton, York, for Chairman of the Board, participating party.

Before WIEAND, McEWEN and BROSKY, JJ.

WIEAND, Judge:

The present appeal is by Herbert and Louelle Dallmyer from an order confirming a report of viewers which condemned a private right of way in favor of David and Joyce Fengfish over an existing private right of way across land owned by the Dallmyers. They argue specifically that the restriction imposed by section 5 of the Act of June 13, 1836, P.L. 551, 36 P.S. § 1901, that a private road established pursuant to the statute shall not exceed twenty...

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