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SHAFFER v. BAYLOR'S LAKE ASSN., INC.

392 Pa. 493 (1958)

Shaffer, Appellant, v. Baylor's Lake Association, Inc.

Supreme Court of Pennsylvania.

May 2, 1958.

Attorney(s) appearing for the Case

Thomas J. Foley, with him John Morano, and Paul E. Pendel, for appellant.

William J. McDonald, with him John W. Bour, R. Bialkowski, and O'Malley, Morgan, Bour & Gallagher, for appellee.

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

OPINION BY MR. JUSTICE BELL, May 2, 1958:

Plaintiff is the owner of an undivided 7/9ths interest in a certain dwelling and farmland abutting the southerly shores of Baylor's Lake. Baylor's Lake is a non-navigable body of water in Fleetville, Lackawanna County, Pa. In 1953 plaintiff brought this action to quiet title to the use of the waters of Baylor's Lake, claiming by prescription swimming, boating, fishing and skating rights, and also commercial boating rights...

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