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PITTSBURGH & L.E.R.R. CO. v. STOWE TWP.

374 Pa. 54 (1953)

Pittsburgh & Lake Erie Railroad Company v. Stowe Township, Appellant.

Supreme Court of Pennsylvania.

May 27, 1953.

Attorney(s) appearing for the Case

S.V. Albo, with him William F. Cercone, for appellant.

J. Leonard Smith, Jr., with him John J. Heard, Paul E. Hutchinson and Reed, Smith, Shaw & McClay, for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, May 27, 1953:

Defendant, a first class township, appeals from the decree of the court below, enjoining use of plaintiff's drainage facilities by the defendant, to the extent now being made, and also awarding damages to the plaintiff for injury to its property.

The facts found by the court below, all of which were supported by competent evidence, are as follows: Plaintiff's land in the...

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