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SHENANDOAH BORO v. PHILADELPHIA

367 Pa. 180 (1951)

Shenandoah Borough, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

March 19, 1951.

Attorney(s) appearing for the Case

John J. Gain, with him Thomas C. Egan, G. Harold Watkins, James J. Gallagher, M.V. McGuire, Frank Toole, Frank M. Bradigan and Leonard G. Schumack, for appellants.

Joseph P. Gaffney and David Berger, for appellee.

Frank A. Gallagher, for intervenor, appellee.

Before DREW, C.J., STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE BELL, March 19, 1951:

These appeals involve the right of the court below to enter judgment n.o.v. Each plaintiff sought to recover damages in an action of trespass against the City of Philadelphia, Trustee under the Will of Stephen Girard, Deceased, sustained as a result of a subsidence affecting a nine block area over Indian Ridge Colliery in Shenandoah. The defendant owned certain mining...

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