Sicchio v. Alvey

1. The “unplatted alley” claim. The complaint alleged that an improved driveway, 20 feet wide, extended north and south across all five lots. No witness, however, testified to the existence at any time of a driveway which completely fulfilled that description. A number of witnesses did testify that they, or others, had driven back of these buildings for various purposes; some that there were more or less defined tracks, and some placed the date as early as 1906. Plaintiffs’ brief asserts that, “The wholly uncontradicted evidence is that since prior to 1910, the public and businessmen used an…