Messinger v. Washington Township

Opinion by

Woodside, J.,

The court below dismissed the complaint of Harold J. Messinger and wife and denied them injunctive relief. They had filed the complaint in the Court of Common Pleas of Northampton County to compel the Township of Washington to remove a pipe and drain from their premises, and to restrain the township from *556diverting water from its road onto their land. Judge Frack, sitting as a chancellor, took testimony, but died before making an adjudication. Thereafter, Judge Barthold entered a decree nisi dismissing the complaint. After the plaintiffs filed exceptions to the…