RAPETTA APPEAL


405 Pa. 284 (1961)

Rapetta Appeal.

Supreme Court of Pennsylvania.

November 14, 1961.


Attorney(s) appearing for the Case

Leonard M. Mendelson, with him Charles J. Spinelli, for appellant.

Thomas J. Dempsey, Special Assistant Attorney General, with him Robert W. Cunliffe, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, and David Stahl, Attorney General, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN and EAGEN, JJ.


OPINION PER CURIAM, November 14, 1961:

Pursuant to a duly adopted plan the Commonwealth of Pennsylvania, through the Department of Highways, constructed a new drainage facility extending beyond the previously existing right-of-way into but not beyond the area earlier condemned for slope. This drainage facility was similar to the two drainage facilities already installed.

There was no taking of additional right-of-way...

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