Farver v. American Car & Foundry Co.
Superior Court of Pennsylvania
Appeal, No. 19, Jan. T., 1904, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1900, No. 299, on verdict for plaintiff in case of George Farver v. American Car and Foundry Company. Trespass for nuisance.
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Appeal, No. 19, Jan. T., 1904, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1900, No. 299, on verdict for plaintiff in case of George Farver v. American Car and Foundry Company. Trespass for nuisance. Before Littee, P. J. At the trial it appeared that the defendant owned and operated an extensive car and foundry plant, and that in the course of its business it poured into plaintiff’s residence, a few feet distant, volumes of smoke, gas and sulphurous fumes, and also caused a vibration of the house by the operation of steam hammers. Plaintiff was asked this question : Q. What…
1Opinion of the Court
Opinion bv
Hendekson, J.,
The right of the plaintiff to the use and enjoyment of his own property cannot be questioned. The general obligation of the defendant to so use its property as not to injure others is equally clear. Its right to injure its neighbor only exists under special circumstances arising from necessity in the enjoyment of its own- property. “The defendant’s right to injufe another’s land at all to any extent is an exception, and the burden is always upon him to bring himself within it: ” Pfeiffer v. Brown, 165 Pa. 267. To secure exemption under the exception referred to, it…
2Cases cited7 opinions
- Evans v. Reading Chemical Fertilizing Co.Supreme Court of Pennsylvania · 1894
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Pfeiffer v. BrownSupreme Court of Pennsylvania · 1895
- Gavigan v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1896
- Appeal of the Pennsylvania Lead Co.Supreme Court of Pennsylvania · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Siwak v. Borough of RankinSuperior Court of Pennsylvania · 1919
- Green v. Sun Co.Superior Court of Pennsylvania · 1907
- Milan v. BethlehemSupreme Court of Pennsylvania · 1953
- City of Lawton v. SchwarzSupreme Court of Oklahoma · 1927
- Wahl v. VetterSuperior Court of Pennsylvania · 1909
1 more not listed; retrieve them via the Exa API.