Fengfish v. Dallmyer

WIEAND, Judge:

The present appeal is by Herbert and Louelle Dallmyer from an order confirming a report of viewers which condemned a private right of way in favor of David and Joyce Fengfish over an éxisting private right of way across land owned by the Dallmyers. They argue specifically that the restriction imposed by section 5 of the Act of June 13, 1836, P.L. 551, 36 P.S. § 1901, that a private road established pursuant to the statute shall not exceed twenty-five (25) feet, prevents a board of viewers from creating private rights in and to a fifty (50) feet wide private easement which is…