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CITY OF WASHINGTON v. JOHNS ET AL.

No. 375 C.D. 1983.

81 Pa.Commw. 601 (1984)

City of Washington, Appellant v. Alfred Johns et al., Appellees.

Commonwealth Court of Pennsylvania.

April 23, 1984.

Attorney(s) appearing for the Case

Wray G. Zelt, III, for appellant.

Sanford S. Finder, for appellees.

Argued March 12, 1984, before Judges WILLIAMS, JR., CRAIG and COLINS, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 23, 1984:

During a heavy rainstorm on May 12, 1979, a portion of the storm drainage system in the City of Washington overflowed into the basement of a home then owned by Alfred, Jennie, William and Emma Johns and Thelma Dezelan and occupied by Carolyn Shuman and her family (collectively referred to as the Shumans). After a bifurcated nonjury trial, President Judge SWEET of the Court of Common Pleas of Washington County found the city...

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