HORSHAM TOWNSHIP v. WEINER et al.


435 Pa. 35 (1969)

Horsham Township v. Weiner et al., Appellants.

Supreme Court of Pennsylvania.

June 27, 1969.


Attorney(s) appearing for the Case

Frederick L. Fuges, with him Robert K. Duffy, and MacCoy, Evans & Lewis, for appellants.

Norman R. Bradley, with him Raymond H. Schenck, Winston J. Churchill, Jr., Elmer L. Menges, and Saul, Ewing, Remick & Saul, for appellees.

Before JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE POMEROY, June 27, 1969:

This is an appeal by defendants from a decree in equity which, having impliedly held in favor of plaintiffs on the question of dedication of a sewer line, went on to dismiss defendant's counterclaim for reimbursement of the cost of the line. The plaintiffs in this case were a second class township and its sewer authority;1 the defendants were a land...

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