Beam v. Punxsutawney Playground Assn.

Opinion by

Henderson, J.,

The plaintiff’s action was commenced by summons in ejectment to enforce a right to the use of an alley on which a lot of the plaintiff abutted in the Borough of Punxsutawney, and the case was tried on the theory that it was an appropriate remedy to enforce the removal of an obstruction on a public highway. At the argument on the appeal it was agreed, however, between the counsel for the respective parties that the action should be changed to trespass and that the case be disposed of as if originally brought in that form, and the record was so amended. The real…