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SPRANKLE v. BURNS

450 Pa.Super. 319 (1996)

675 A.2d 1287

Daniel L. SPRANKLE, Calvin Moon, Joseph McCutcheon, June L. McCutcheon, Dale K. Furry, Shirley A. Furry, Benjamin R. Zoll, Sylvia Zoll, Bill Anderson, Vincent Deleo, Art Decampli, William Diehl, Thomas A. Hostler, Grace H. Gates, Margery C. Snellbaugh, Anna E. Hostler, Charles E. Hostler, Mary Hostler, Margaret I. Yaudes, Dorothy J. Garman, Robert G. Hostler, Donald Kimberling, Margaret M. Kelly, Thomas W. Kelly, C. Donald Fink, Joyce Fink, Frank Long, Jr., Sarah Jane Long, James H. Bigelow, Mary Bigelow, Maxine M. Searer, and Howard Searer v. Craig BURNS, Charles H. Sprankle, Wanda S. Christine, and David Christine Appeal of Craig BURNS.

Superior Court of Pennsylvania.

Filed January 17, 1996.

Reargument Denied May 21, 1996.

Attorney(s) appearing for the Case

David M. Axinn, Hollidaysburg, for appellant.

J. Kirk Kling, Altoona, for appellees.

Before WIEAND, McEWEN and HESTER, JJ.

WIEAND, Judge:

This is an appeal from an order which enjoined the defendant, Craig Burns, from blocking or otherwise impeding passage over a road lying across unenclosed woodland in Blair County. The trial court reasoned that defendant should be enjoined (1) because he had failed to prove that his ownership of the underlying surface extended to the full width of the road at all points; and (2) because the court...

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