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GOLDBERG v. R.G. MILLERS & SONS, INC.

408 Pa. 1 (1962)

Goldberg, Appellant, v. R. Grier Miller & Sons, Inc.

Supreme Court of Pennsylvania.

June 28, 1962.

Attorney(s) appearing for the Case

Richard L. Cantor, with him G. Clinton Fogwell, Jr., and Reilly, Fogwell and Lentz, for appellants.

Dallett Hemphill and Theodore R. Griffith, with them M. Carton Dittmann, Jr., and Griffith & Corliss, and Ballard, Spahr, Andrews and Ingersoll, for appellees.

Before BELL, C.J., MUSMANNO, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, June 28, 1962:

The plaintiffs — Harry, Benjamin and William Goldberg — owned a one-story warehouse in West Chester, standing hard by a two-story garage owned by R. Grier Miller and Sons, Inc., which leased the second floor to the Texas Eastern Transmission Corporation. The garage building rose some 13 feet above the crest of the plaintiff's warehouse.

On March 20, 1958,...

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