DePIETRO et al. v. TRIANO et al.


167 Pa.Super. 29 (1950)

DePietro et al., Appellants, v. Triano et al.

Superior Court of Pennsylvania.

July 20, 1950.


Attorney(s) appearing for the Case

Wm. Zacharellis, with him Bialkowski, Bialkowski & Bialkowski, for appellants.

S.U. Colbassani, with him Horace R. Cardoni, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.


OPINION BY RHODES, P.J., July 20, 1950:

Plaintiffs brought a bill in equity against defendants to enforce an alleged implied easement permitting them to discharge surface water in a ditch which was constructed through defendants' adjoining lower land during a period of common ownership. The chancellor found that plaintiffs failed to establish any such easement, and he entered a decree nisi dismissing the bill. Plaintiffs' exceptions were overruled and the decree of...

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