Tosh v. Witts

Opinion by

Mr. Chief Justice Horace Stern,

This is an appeal from the lower court’s refusal to order defendants to remove a fence which they had erected in order to block an alleged right of way of plaintiffs over defendants’ land. The court dismissed the bill of complaint at the conclusion of plaintiffs’ testimony.

Fourth Avenue intersects Fourth Street at right angles in the Borough of Freedom, Beaver County. Fourth Avenue runs in a northwesterly and southeasterly direction, Fourth Street from northeast to southwest. Plaintiffs own several contiguous lots fronting on Fourth Avenue southeast of…