Legal Opinion

Smith v. Alderson

Superior Court of Pennsylvania

Decided January 24, 1979No. 868PublishedCited by 6 opinions

1Opinion of the Court

SPAETH, Judge:

This is an appeal from a final decree enjoining appellants from parking “their automobiles other than for brief emergency periods or other uses inextricably connected with the general right of the public to travel” on a narrow strip of appellees’ land abutting a state highway and serving as a public right-of-way onto appellees’ premises.

The lower court made the following findings of fact:

1. The plaintiffs [appellees] are the owners of property situate in North Strabane Township, Washington County, Pennsylvania purchased from Andrew J. Fer*389gus, et ux. by deed dated April 19, 1973,…

2Cases cited2 opinions

  1. Firth v. ScherzbergSupreme Court of Pennsylvania · 1951
  2. Maier v. Publicker Commercial Alcohol Co.District Court, E.D. Pennsylvania · 1945

3Cited by6 opinions

  1. Kembel v. SchlegelSupreme Court of Pennsylvania · 1984
  2. O'Neal v. Department of the ArmyDistrict Court, M.D. Pennsylvania · 1994
  3. Ackerman v. Heinsohn, Pennsylvania Court of Common Pleas, Northampton County1983
  4. FRANCI v. CHAMBERS DEVELOPMENT COMPANY, INC.District Court, W.D. Pennsylvania · 2024
  5. Fairchild v. Schomp, Pennsylvania Court of Common Pleas, Northampton County1982

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