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SOLTIS et ux. v. MILLER

444 Pa. 357 (1971)

Soltis et ux., Appellants, v. Miller

Supreme Court of Pennsylvania.

October 12, 1971.

Attorney(s) appearing for the Case

Carl A. Belin, Jr., with him Belin and Belin, for appellants.

Marvin L. Wilenzik, with him Gerber, Davenport & Wilenzik, for appellees.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE ROBERTS, October 12, 1971:

This appeal in equity arises out of a dispute between adjoining landowners concerning the existence and restricted nature of a right of way from appellants' landlocked property across appellees' land to a public way. We believe appellants not only possess a right of way by necessity but also are entitled to use the right of way for any reasonable and lawful purpose.

The pertinent factual background follows...

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