Bieber v. Zellner

Opinion by

Mr. Justice Cohen,

This appeal is taken from the decree of the lower court, en banc, which refused to enjoin defendants from using a roadway owned by the plaintiff.

In 1941 plaintiff acquired thirteen acres of land on a portion of which he constructed a residence. In 1955 he acquired a strip of land about 1,000 feet long (east to west) immediately to the north of his other land. There is on this strip a dirt roadway which connects two public roads, one on either end of the strip. Plaintiff, commencing in 1959, conveyed three tracts of land to the south of the dirt road, on each of…