Alexander v. Stewart Bread Co.
Superior Court of Pennsylvania
Appeal, No. 17, Oct. T., 1902, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1899, No. 868, on verdict for plaintiff in case of Emma E. Alexander and Fannie Alexander v. Stewart Bread Company. Trespass to recover damages for injuries alleged to bave been caused by the operation of a bakery in a residential neighborhood.
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Appeal, No. 17, Oct. T., 1902, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1899, No. 868, on verdict for plaintiff in case of Emma E. Alexander and Fannie Alexander v. Stewart Bread Company. Trespass to recover damages for injuries alleged to bave been caused by the operation of a bakery in a residential neighborhood. Before Finletter, P. J. At the trial Peter F. Kernan, a witness for plaintiff, was asked this question: “ Q. Would this noise and smell that you have testified to, affect the value of the property, and if so, how much?” Objected to. Objection overruled.…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiffs, in their statement, aver their ownership of a residence on Brandywine street, in the city of Philadelphia; that prior to the fall of 1898, “ the square was a quiet, reputable residence street; ” that in the fall of that year the defendants *529purchased property adjoining that of the plaintiffs and erected thereon a building, which is used as a stable and also in their business of bread making; “ that as a result of the proximity of the aforesaid building, the residence of the plaintiffs is constantly filled with the odors of manure, and other odors…
2Cases cited8 opinions
- Evans v. Reading Chemical Fertilizing Co.Supreme Court of Pennsylvania · 1894
- Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891
- Gavigan v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1896
- Hartman v. Pittsburg Incline Plane Co.Superior Court of Pennsylvania · 1899
- Hoffman v. Mill Creek Coal Co.Superior Court of Pennsylvania · 1901
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3Cited by4 opinions
- Milan v. BethlehemSupreme Court of Pennsylvania · 1953
- Coombs v. March, Pennsylvania Court of Common Pleas, Schuylkill County1926
- Greensburg Garbage Disposal Plant, Pennsylvania Court of Common Pleas, Westmoreland County1922
- People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912