KELLOGG-AM. REALTY, INC. v. S. CO., INC.


214 Pa.Super. 489 (1969)

Kellogg-American Realty, Inc. v. S. Co., Inc., Appellant.

Superior Court of Pennsylvania.

June 13, 1969.


Attorney(s) appearing for the Case

Bernard Eisen, Robert E. McKee, Jr., and Berkman, Ruslander, Pohl, Lieber & Engel, for appellant.

Martin Lubow, and Rosenberg & Lubow, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION BY HOFFMAN, J., June 13, 1969:

In 1961, defendant conveyed a portion of its property to plaintiff by a general warranty deed. In this deed, defendant also granted certain easements upon the parcel retained by it.

There was at all times a catch basin for the collection of surface and storm water beginning on plaintiff's property which connected to a fifteen inch subsurface terra cotta sewer line extending approximately 300 feet through the defendant...

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