Ozehoski v. Scranton Spring Brook Water Service Co.

Opinion by

Hirt, J.,

In this action in ejectment, defendant disclaimed title to plaintiffs’ land but asserted an easement of a way, with the right to maintain pipe lines under it, described by plaintiffs in their praecipe and declaration as “a strip of land twelve (12) inches in width, four feet beneath the top of the soil, and seventy-three (73) feet in length running through lot No. 2315 of plot of lots known as the Honey Pot plot, as laid out by the Susquehanna Collieries Company ......” The case was tried by a judge without a jury. Judgment was entered for defendant for the easement in…