Dowgiel v. Reid

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from a decree enjoining defendants from entering on plaintiff’s premises “for the purpose of digging holes thereon or for erecting poles thereon or for hanging wires thereover”.

Plaintiff is the owner of property situate on Ashland Avenue, Township of Darby, Delaware County, which contains a “private road or cartway” twenty feet wide established by partition proceedings in 1835 for the benefit of defendants’ real estate. Defendants’ farm adjoins plaintiff’s property to the rear and side and the private lane is the only means of access…