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CARRINGER v. TAYLOR

402 Pa.Super. 197 (1990)

586 A.2d 928

Robert M. CARRINGER, Rachel C. Hauth, Benjamin T. McGill and Eleanor C. McGill, His Wife, Robert B. Gibson, Jr., and Mary Ann Gibson, His Wife, Appellees, v. Bruce TAYLOR, Appellant. Bruce TAYLOR, Appellant, v. Robert M. CARRINGER, Rachel C. Hauth, Benjamin T. McGill and Eleanor C. McGill, His Wife, Robert B. Gibson, Jr., and Mary Ann Gibson, His Wife, Appellees. Bruce TAYLOR, Appellee, v. Robert M. CARRINGER, Rachel C. Hauth, Benjamin T. McGill and Eleanor C. McGill, His Wife, Robert B. Gibson, Jr., and Mary Ann Gibson, His Wife, Appellants.

Superior Court of Pennsylvania.

Filed December 18, 1990.

Reargument Denied March 4, 1991.

Attorney(s) appearing for the Case

Joseph E. Altomare, Titusville, for appellant in Nos. 1467 and 1628 and appellee in No. 1629.

Patrick M. Livingston, Pittsburgh, for appellants in No. 1629 and appellees in Nos. 1467 and 1628.

Before CIRILLO, President Judge, and POPOVICH and BROSKY, JJ.

POPOVICH, Judge:

This consolidated appeal arises from a dispute over the improvement of a one-lane dirt road which lies along the bank of the Allegheny River near Tionesta in Forest County, Pennsylvania. We affirm in part and reverse in part.

On appeal, Bruce Taylor (hereafter "Taylor") alleges the lower court erred in granting summary judgment in favor of Robert Carringer et al., (hereafter "Carringer"), because Carringer failed to state a cause of...

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