Labyoda v. Stine

CERCONE, President Judge:

This is an appeal from an order of the court en banc denying appellants’ exceptions and making final the chancellor’s decree nisi. We now reverse and remand for proceedings below not inconsistent with this opinion.

Appellants own a lot in Brentwood, Allegheny County, on which they had built a house. Appellees are the neighboring landowners, whose land lies approximately fifteen feet higher than appellants. Appellants filed a complaint in equity alleging damage to their property from large rocks, water and debris said to have come from appellees’ lot. They sought either…