Kennedy v. McGinley

Aponick, J.,

This case is before the court on exceptions to an adjudication and decree nisi which, inter alia, directed that defendants remove a tree which is, at the present time, blocking a common or easement , driveway between the properties owned by the parties. (Editor’s note: See 45 Luz. 187.) After defendants had filed exceptions, the matter was argued before the court en banc. Briefs were filed by both sides but they contained no authorities to enlighten the court on the questions involved. Our independent research, however, has brought to light some cases which convince us that the…