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McARTHUR v. BALAS et al.

402 Pa. 116 (1961)

McArthur, Appellant, v. Balas (et al., Appellant).

Supreme Court of Pennsylvania.

January 4, 1961.

Attorney(s) appearing for the Case

Benjamin Jacobson, with him Morris B. Greenberg, and Hirsch & Hirsch, for plaintiffs, appellants.

Joseph F. Weis, Jr., with him Weis & Weis, for defendants, Rostosky, appellants.

Louis Vaira, with him Barna & Barna, for defendants, Balas, appellees.

Before JONES, C.J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 4, 1961:

David McArthur and Bertha McArthur, his wife, owned land, improved with a dwelling house, in Foreward Township, Allegheny County. To the rear of and adjoining McArthurs' property was a large tract of land owned by Andrew Balas and John Balas, Jr. (herein called Balas). The Balas' land was on a hillside at a considerable elevation above and sloped downward toward McArthurs' property. Balas' land contained a...

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