244 Pa. 56 | Pa. | 1914
In the bill filed by the Borough of Mt. Oliver it was alleged that a building erected by the defendants extended into a street of the borough and obstructed travel thereon. The answer denied any encroachment on the street. The fact to be ascertained was the western boundary line of the street. The street was a part of the Brownsville road, a highway of the State laid 'out by commissioners in pursuance of the Act of April 5, 1826, P. L. 208.
The road as now located has been immemorially one
The answer was responsive to the bill and the' burden was upon the plaintiff to overcome its effect and to satisfy the court that the western line of the road was not as it had existed for more than sixty years. This it failed to do and we are not convinced of any error in the order dismissing its bill. It is not sufficient to warrant the setting aside of the findings of a chancellor that the testimony would sustain a different conclusion. An apparent preponderance of testimony against them is insufficient, for that purpose, if there is testimony, which if believed, will sustain them. They, will not be disturbed except for error clearly shown. Steinmeyer v. Siebert, 190 Pa. 471.
The decree is affirmed at the cost of the appellant.