Carringer v. Taylor

CIRILLO, President Judge,

concurring and dissenting.

Because Taylor has failed to produce any evidence that the unimproved dirt road was ever a public road under *208section 2781 or section 2735, I, like the majority, would affirm the entry of summary judgment in favor of Carringer. See 36 Pa.S. §§ 2781 & 2735. Moreover, I also agree with the majority’s finding that Taylor’s failure to plead his quiet title action as a separate count of his counterclaim in equity operates as a waiver of that cause of action at law. The majority has also, in my opinion, correctly disposed of Carringer’s contention…