LUGIN v. DOBSON


376 Pa. 620 (1954)

Lugin v. Dobson, Appellant.

Supreme Court of Pennsylvania.

March 22, 1954.


Attorney(s) appearing for the Case

John G. Koedel, with him William G. Gault, Alice D. Tobias and Tobias & Weilersbacher, for appellants.

William F. Cercone, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, March 22, 1954:

Defendants appeal from a decree in equity refusing affirmative relief but awarding damages for destruction of the individual plaintiffs' house and lot resulting from subsidence caused by removal of lateral support. A severance as to Stowe Township was granted, and the case proceeded only as to the individual plaintiffs.

Plaintiffs are the owners of a house and lot on the southerly side of Island Avenue in Stowe...

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