Schwoyer v. Smith

Opinion by

Mr. Justice Cohen,

Plaintiffs brought suit in the Court of Common Pleas of Berks County to compel the removal of a trel lis fence which blocks off use of a passageway through which plaintiffs claim a right-of-way. From a decree of the court en banc granting the relief sought, the defendants appeal.

The parties to this cause own immediately adjoining properties on West Main Street, Kutztown. Wholly within the defendants’ building, at street level, exists a covered alleyway leading from West Main Street to the rear of both properties. In 1870 the predecessor-in-title of the defendants…