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MERNER v. DEPT. OF HIGHWAYS

375 Pa. 609 (1954)

Merner, Appellant, v. Department of Highways.

Supreme Court of Pennsylvania.

January 4, 1954.

Attorney(s) appearing for the Case

Frederick Ely Smith, with him Ross & Smith, for appellants.

Donald W. Vanartsdalen, with him Isaac J. Vanartsdalen, for Borough of Doylestown, appellee.

Robert M. Mountenay, with him Phil H. Lewis, Deputy Attorney General, Frank F. Truscott, Attorney General and Smith & Mountenay, for Commonwealth of Pennsylvania, appellee.

William F. Heefner, with him Russell C. Bartman, Henry W.A. Hanson, Jr. and Willard S. Curtin, for State Public School Building Authority, appellee.

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

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

The question in this case is one of jurisdiction. The plaintiffs, a husband and wife, filed in the Court of Common Pleas of Bucks County their bill in equity in which they averred their ownership of real estate located within the county and that the defendants, pursuant to a common plan for highway improvement and school property grading, had changed and diverted the natural flow of drainage water onto the plaintiffs...

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