Windber Borough v. Spadafora

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from the decree of the court below dismissing the bill and refusing the prayer for an injunction. The officials of the Borough of Windber averred that the defendant, the owner of a lot of ground whose Northwestern boundary is Big Paint Creek, in that Borough, erected a building on her lot and projected its foundation wall into the creek, without authority from the Water and Supply Commission of Pennsylvania. The alleged encroachment consists of a solid wall extending into defendant’s half of the bed of the stream a distance of between eleven…