Yulis v. Ebensburg Borough

Opinion by

Ervin, J.,

This is an appeal from the decree of the lower court dismissing defendant’s motions for judgment n.o.v. and for a new trial.

The plaintiffs instituted an action in trespass against the defendant borough to collect damages caused by the faulty construction of a storm water sewer. The jury rendered a verdict in favor of the plaintiffs. The facts and inferences therefrom, considered in the light most favorable to the plaintiffs, as we are obliged to do, may be summarized as follows: Prior to 1948 the land was drained by an open ditch which had a small seven inch terra cotta…