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SCHWOYER v. SMITH

388 Pa. 637 (1957)

Schwoyer v. Smith, Appellant.

Supreme Court of Pennsylvania.

April 26, 1957.

Attorney(s) appearing for the Case

C. Wilson Austin, with him James F. Marx and Charles H. Weidner, for appellants.

Lloyd M. Schaeffer, for appellees.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE COHEN, April 26, 1957:

Plaintiffs brought suit in the Court of Common Pleas of Berks County to compel the removal of a trellis fence which blocks off use of a passageway through which plaintiffs claim a right-of-way. From a decree of the court en banc granting the relief sought, the defendants appeal.

The parties to this cause own immediately adjoining properties on West Main Street, Kutztown...

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