Sprankle v. Burns

WIEAND, Judge:

This is an appeal from an order which enjoined the defendant, Craig Burns, from blocking or otherwise impeding pas sage 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 intended to declare the road a public way, it was unnecessary to determine whether neighboring landowners had prescriptive rights in the roadway. 1 Unfortunately, the trial court was…