Legal Opinion · Concurring in part, dissenting in part
Gardner v. Allegheny County
Supreme Court of Pennsylvania
Decided May 23, 1955No. Appeals, 185 to 190Published
1Concurring in part, dissenting in part
Concurring and Dissenting Opinion by
Mb. Justice Allen M. Stearne :
The court below in a supplemental order dismissed the preliminary objections of defendant and directed answers to be filed to the complaint.
Two main issues are involved. One is whether or not a court in equity possesses jurisdiction to establish the fact of a “taking” of property and to award com*124pensation therefor. The other is whether a state court has injunctive jurisdiction in equity to prohibit the operation of airplanes when they fly improperly and dangerously low.
When airplanes habitually fly so low as to dangerously…
2Cases cited15 opinions
- United States v. CausbySupreme Court of the United States · 1946
- Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Bethlehem Steel Co. v. New York State Labor Relations BoardSupreme Court of the United States · 1947
- Napier v. Atlantic Coast Line RailroadSupreme Court of the United States · 1926
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