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MOELLER v. METZGER

341 Pa.Super. 477 (1985)

491 A.2d 1356

Mathilde MOELLER, Appellant, v. Alfred METZGER and Martha Metzger, his wife, Appellees.

Supreme Court of Pennsylvania.

Filed March 15, 1985.

Reargument Denied May 15, 1985.

Attorney(s) appearing for the Case

John T. Stieh, Milford, for appellant.

Stephen A. McBride, Milford, for appellees.

Before WIEAND, DEL SOLE and POPOVICH, JJ.

PER CURIAM:

Mathilde Moeller commenced an action in equity to enjoin the flooding of her Pike County real estate by water emanating from an artesian well owned by her neighbors, Alfred and Martha Metzger. After the presentation of plaintiff's evidence, the trial court entered a compulsory nonsuit which it later refused to remove. This appeal followed. We reverse.

The law is clear that a nonsuit can be...

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