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VAL. FORGE GARD. v. MORRISSEY, INC.

385 Pa. 477 (1956)

Valley Forge Gardens, Inc. v. James D. Morrissey, Inc., Appellant.

Supreme Court of Pennsylvania.

June 25, 1956.

Attorney(s) appearing for the Case

Louis F. Floge, with him Josephine H. Klein, Bernard G. Segal, and Schnader, Harrison, Segal & Lewis, for appellant.

Ralph S. Croskey, with him Croskey & Edwards, for appellee.

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

OPINION BY MR. JUSTICE JONES, June 25, 1956:

The Valley Forge Gardens, Inc., sued James D. Morrissey, Inc., in trespass to recover damages for the alleged injury by the defendant of five artificial ponds of the plaintiff which it maintained for ornamentation of its Memorial Park Cemetery in the vicinity of King of Prussia in Montgomery County.

The defendant corporation, pursuant to a public contract with the State Highway and Bridge Authority (created by the...

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