Stuart v. Rosengarten

Citations

• 252 Pa. 609
• 97 A. 851
• 1916 Pa. LEXIS 669

Syllabus

<p>Equity — Easements—Interference — Insufficient evidence — Bill for injunction — Dismissal.</p> <p>Where in a suit in equity to restrain defendants from interfering with plaintiff’s use of a road extending from her property over defendants’ property to a public road, it appeared that the easement was by express grant and not a way by necessity, -and was described as a road or cartway of ten feet wide and there was ample evidence to support the finding of the lower court that the obstruction complained of by plaintiff did not encroach upon her easement but always left a space ten feet in the clear for plaintiff’s use, the bill was properly dismissed.</p>