Firth v. Scherzberg

Opinion by

Mr. Justice Jones,

The plaintiff (joined later by a number of co-complainants) sued to restrain the defendants’ use of an unimproved piece of land in Philadelphia as a terminal parking place for tractor-trailer trucks. The complaint averred that the use so made of the property constituted a nuisance per se} being an alleged violation of a municipal zoning ordinance, and also a nuisance in fact.

The defendants Scherzberg, husband and wife, jointly purchased a portion of the property in question in 1924. From the time of this acquisition, the husband used the property as a storage or…