Pisarski v. City of Pittsburgh

Cercone, J.,

— This matter comes before the court en banc on exceptions to the adjudication and the decree nisi of the chancellor in proceedings in equity.

The facts have been agreed upon by the parties, and are set forth accordingly.

The parties have not agreed as to the amount of the damages, if any, that are to be assessed, as will appear in that part of the statement relating to damages.

It is admitted that Chatsworth Street is a city street and that the City of Pittsburgh is charged with its maintenance, including the drainage thereof.

In 1924, plaintiffs purchased a piece of real estate…