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DeTILLO v. CARLYN CONST., INC.

416 Pa. 469 (1965)

DeTillo v. Carlyn Construction, Inc., Appellant. DeTillo v. Baldwin Borough, Appellant.

Supreme Court of Pennsylvania.

January 5, 1965.

Attorney(s) appearing for the Case

John A. Metz, Jr., with him Joseph M. McClure, Guy L. Warman, and Metz, Cook, Hanna & Kelly, for appellant.

Thomas M. Rutter, Jr., with him Goehring, Martin & Rutter, for borough, appellant.

Marvin D. Power, with him Suto, Goldstein, Balzarini & Walsh, for appellees.

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

OPINION BY MR. JUSTICE O'BRIEN, January 5, 1965:

Nicholas A. DeTillo and Grace DeTillo, his wife, purchased Lot No. 443 in Carlyn Village, at the corner of Elaine Drive and Norma Drive, in the Borough of Baldwin, Allegheny County. They constructed a six room house with a game room in the cellar, and extensively landscaped the lot.

In June of 1955, an eighteen inch depression developed in the rear yard, and shortly thereafter, the depression increased in size...

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