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HELMS v. ZEITZEFF

407 Pa. 482 (1962)

Helms, Appellant, v. Zeitzeff, Appellant.

Supreme Court of Pennsylvania.

May 21, 1962.

Attorney(s) appearing for the Case

Philip B. Driver, Jr., with him George S. Saulnier, Ronald C. Unterberger, and Lindenmuth, Class & Saulnier, and Harper, George, Buchanan & Driver, for plaintiff.

Albert Blumberg, with him McClenachan, Blumberg & Levy, for defendants.

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

OPINION BY MR. JUSTICE MUSMANNO, May 21, 1962:

Prior to 1924, a small creek known as Lamokin Run babbled its way through Chester in Delaware County, crossing over a road known as Ninth Street and pursuing its course over other lands until it joined the parent waters of the Delaware River. In 1924, the City of Chester made some improvements on Ninth Street and, in doing so, lowered the course of Lamokin Run so that it flowed...

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