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MALTER v. S. PGH. WATER CO. et al.

414 Pa. 231 (1964)

Malter, Appellant, v. South Pittsburgh Water Company and Whitehall Borough.

Supreme Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

H.N. Rosenberg, with him Rosenberg & Rosenberg, for appellants.

James F. Manley, with him Burns & Manley, for appellees.

D.H. Trushel, with him Dickie, McCamey, Chilcote & Robinson, for appellee.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, March 17, 1964:

Joseph H. Malter and Elsie Lee Malter, his wife, owned a house in Whitehall, Allegheny County, which no longer exists because it met destruction by flames which consumed it on March 9, 1960. The owners placed the blame for their loss on the Borough of Whitehall and the South Pittsburgh Water Company, which, according to the complaint in trespass filed against them, maintained and operated the water system in that borough...

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