Berish v. City of Bethlehem

Barthold, P. J.,

— Plaintiffs instituted an action in trespass against the City of Bethlehem for damages resulting from the maintenance of a nuisance, viz., a garbage and refuse dump on city property adjoining plaintiffs’ home. The jury returned a verdict in favor of plaintiffs for $2,500. Defendant filed a motion for judgment n. o. v. No complaint is made that the trial court erred in the charge to the jury or in ruling upon evidence.

It is stated in defendant’s brief that: “The sole question before the court is the right of the plaintiffs to bring an action in trespass against the defendant…