Legal Opinion
RKO-Stanley Warner Theatres, Inc. v. Mellon National Bank & Trust Co.
Court of Appeals for the Third Circuit
Decided December 29, 1970No. 18784PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
VAN DUSEN, Circuit Judge.
The primary question presented by this appeal is whether an easement can be acquired by prescription in and above a sidewalk, title to which is in private hands subject to an easement of passage in favor of the public, by regular use of such sidewalk to maintain a marquee in front of an abutting building and to change the signs on such marquee.
Alleging that the construction of a proposed building on property formerly constituting a public sidewalk would interfere with an easement in its favor, RKO-Stanley Warner Theatres, Inc. (RKO) brought this…
2Cases cited38 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
- United States v. Employing Plasterers Assn. of ChicagoSupreme Court of the United States · 1954
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
33 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Moffett v. Gene B. Glick Co., Inc.District Court, N.D. Indiana · 1984
- Illinois Migrant Council and Roy Villareal v. Campbell Soup CompanyCourt of Appeals for the Seventh Circuit · 1975
- Mount Pleasant Township v. Astro Cablevision Corp., Pennsylvania Court of Common Pleas, Washington County1981
- City of Philadelphia v. Street, Pennsylvania Court of Common Pleas, Philadelphia County1974
- Lang v. Bank of Nova ScotiaDistrict Court, Virgin Islands · 1975
3 more not listed; retrieve them via the Exa API.