This section contains the nature of the case and procedural background.

In 1948, Bell Telephone had County Contracting and Construction Company build an underground conduit to carry telephone lines in Lansdowne, Pa. In 1950, after inspection Plaintiff purchased a house on Baltimore Ave. and then later discovered that there was a sewage leakage problem in his basement. In desperation for over 5 years, he sought out the problem of the sewage leakage and eventually discovered that the underground conduit laid in 1948 was the root cause of the problem; it had crushed the sewer lateral and was blocking it. P sued and after presenting his case was met with a compulsory nonsuit. The court claimed that P had not made out a prima facie case. P appealed.

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