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MORTON v. AMBRIDGE BOROUGH

375 Pa. 630 (1954)

Morton, Appellant, v. Ambridge Borough.

Supreme Court of Pennsylvania.

January 4, 1954.

Attorney(s) appearing for the Case

Ralph E. Smith, with him Myron E. Rowley, James E. Rowley and Rowley & Smith, for appellant.

Robert L. Orr, with him Eugene A. Caputo and Reed, Ewing & Ray, for appellee.

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

OPINION BY MR. JUSTICE CHIDSEY, January 4, 1954:

This is an appeal from a judgment entered on a directed verdict for the defendant borough in an action in trespass to recover for property damage suffered when a storm sewer collapsed.

In April and May of 1948, plaintiff purchased five lots in the Borough of Ambridge, Beaver County. The deeds delivered to plaintiff were made subject to the following easements or conditions: "3. There is hereby reserved to Charles...

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