Ratajski v. West Penn Manufacturing & Supply Corp.

Opinion by

Flood, J.,

This is an action in equity to compel the defendant to remove a building which allegedly encroaches upon the plaintiff’s land and upon a bordering street. The defendant claimed the land, including the bed of the alleged street, as its own and denied that the street was ever opened. No objection was taken to the form of action, and the parties agreed that it should be heard and determined by the court below without a jury. The court below dismissed the complaint.

As to the encroachment on her property, plaintiff merely offered her deed and testimony of a surveyor as to what…