Lutz v. Department of Health

Opinion by

Me. Chief Justice Feazee,

This appeal by plaintiff, Ralph S. Lutz, is from a decree refusing to restrain the secretary of the state department of health, his servants, agents and employees from abating a health nuisance maintained by plaintiff, and assessing the latter with costs.

Plaintiff occupies a tract of about 18% acres in Jarrettown, Montgomery County, on which he maintains a piggery where between 1,000 and 1,200 swine are kept and fed on garbage procured from the City of Philadelphia and environs. Sandy Run Creek, which flows into Wissahickon Creek, a tributary of the…