Township of Derry v. Swartz

Opinion by

Judge Wilkinson,

This matter comes before us on an appeal from the decision of the Court of Common Pleas, en banc, affirming the decision of the trial judge, sitting without a jury, in a civil action in assumpsit. The able opinions of Judge Dowling, the trial judge, discuss fully and at length the background of this action and the legal issues presented. See Derry Toiunship v. Swartz, 96 Dauph. 488 (1974) and 97 Dauph. 107 (1975). This thorough discussion of the general law by Judge DOWLING, as it applies under these circumstances, and of the decisions in similar cases in other…