GETZ v. LEHIGHTON BOROUGH


407 Pa. 357 (1962)

Getz, Appellant, v. Lehighton Borough.

Supreme Court of Pennsylvania.

April 24, 1962


Attorney(s) appearing for the Case

Roger N. Nanovic, for appellants.

William H. Bayer, for appellees.

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


OPINION BY MR. JUSTICE COHEN, April 24, 1962:

Appellants, plaintiffs below, brought this action of mandamus to compel appellees to provide a lateral connection from the borough sewer system to appellants' restaurant.

A sewer main runs under the street abutting to the west of appellants' land, about seventeen feet away from the curb line fronting on their property. Another main lies to the rear (east) of the property about one hundred feet away. The plans and...

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