Whitehall Leather Co. v. Capek

Appellant filed its complaint to establish a prescriptive easement. The trial court denied the request and dismissed the complaint.

The appellant owns and operates a tannery in the city of Whitehall that has been in operation since before the turn of the century. North of, and adjacent to, appellant’s tannery is the appellees’ vacant property through which runs a spur railroad track connecting the tannery with a main line of the Chesapeake & Ohio railroad.

The appellees purchased the property, lots 10-14, from Arthur J. Daane, and lots 15-19 from Franldin A. Speese, in November, 1964.

The spur…