Opinion
December 7, 1937.
January 3, 1938.
Before SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 262, Jan. T., 1937, from decree of Superior Court, Oct. T., 1936, No. 306, affirming decree of C. P. No. 5, Phila. Co., Dec. T., 1934, No. 4594, in case of Edwin W. Rock v. City of Philadelphia, J. Hampton Moore, Mayor, et al. Decree affirmed.
Bill in equity.
The facts are stated in the opinion of the Superior Court, reported in 127 Pa. Super. 143.
Preliminary objections sustained and decree entered dismissing bill, opinion by SMITH, P. J. Complainant appealed to Superior Court which affirmed the decree. Appeal by plaintiff to Supreme Court allowed.
Error assigned was action of Superior Court in affirming the decree of the court of common pleas.
B. D. Oliensis, with him Alexander Perry, for appellant.
Samuel Feldman, Assistant City Solicitor, with him Joseph Sharfsin, City Solicitor, for appellee.
The decree is affirmed on the opinion of Judge CUNNINGHAM of the Superior Court, costs to be paid by the appellant.