Jones v. Amsel

Opinion by

Mr. Justice Chidsey,

This is an appeal from the order of the Court of Common Pleas of Philadelphia County, sitting en banc, which vacated the nisi decree of the chancellor in an equity action, and transferred the case to the law side of the court.

Plaintiffs and the defendants Amsel were adjoining landowners of lots overlooking the Wissahickon Valley in Philadelphia. In 1947 the Amsels, wanting their property graded, arranged with the defendant D’Angelo Brothers, Inc., excavation contractors, to grade and re 1 move rock from their property, in exchange for which the contractors were…