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SCHIFF v. UPPER SALFORD TWP.

456 Pa. 420 (1974)

Schiff v. Upper Salford Township, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.

Attorney(s) appearing for the Case

Richard A. Rosenberger, with him Souder, Rosenberger and Bricker, for appellant.

Arthur F. Loeben, Jr., with him Wells, Campbell & Wells, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, July 1, 1974:

This appeal arises from a final decree in equity which enjoined Upper Salford Township (the township) from further discharging surface water upon appellee Peter Schiff's property.

On February 9, 1970, Schiff purchased a home on Salford Station Road within the township. For a period of thirty years preceding the purchase, a drainage pipe, located under Salford Station Road, had drained water onto the Schiff property...

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