SMITH v. CITY OF CHESTER, 517 Pa. 362 (1988)

537 A.2d 812

Harry SMITH and Nancy Smith, Appellees, v. CITY OF CHESTER and Delaware County Regional Water Authority, Appellants.

Supreme Court of Pennsylvania.Argued December 9, 1987.
Decided February 26, 1988.

Appeal from 28 E.D. Appeal Docket 1987 the Order of September 30, 1986, of the Superior Court of Pennsylvania, 357 Pa. Super. 24, 515 A.2d 303 (1986). No. 1342, Philadelphia, 1985, Denying reargument of the Order of July 30, 1986, of the Superior Court, reversing the Judgment of the Court of Common Pleas of Delaware County, Pennsylvania, Civil Action — Law entered on June 6, 1985 at No. 81-15049 and remanding the matter for a new trial.

Page 363

Nicholas S. Lippincott, Media, for appellants.

Lawrence D. Finney, Philadelphia, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

ORDER
PER CURIAM.

This appeal is dismissed as having been improvidently granted.

ZAPPALA, J., dissents and would reach the merits of the case.