Huckenstine's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Allegheny county: In Equity: No. 14, to October and November Term 1871. On the 15th of September 1866, a bill was filed by James Andrews against John Huckenstine: William Hamilton and James Wetherspoon having become interested after the filing of the bill, the court allowed the bill to be amended by adding their names as complainants.
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Appeal from the decree of the Court of Common Pleas of Allegheny county: In Equity: No. 14, to October and November Term 1871. On the 15th of September 1866, a bill was filed by James Andrews against John Huckenstine: William Hamilton and James Wetherspoon having become interested after the filing of the bill, the court allowed the bill to be amended by adding their names as complainants. The bill charged as follows :— 1 and 2. Andrews the plaintiff, about 1862, became owner of a piece of land in Reserve township, Allegheny county, a.nd had since erected buildings and other improvements;…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Agnew, J.
Brickmaking is a useful and necessary employment, and must be pursued near to towns and cities where bricks are chiefly used. Brickburning, an essential part of the business, is not a nuisance per se: Attorney-General v. Cleaver, 18 Vesey, Jr. 219, 220. It, as many other useful employments do, may produce some discomfort, and even some injury to those near by. But it does not follow that a chancellor would enjoin therefor. The heat, smoke and vapor of a brick-kiln cannot compare 'witlx those of many manufactories carried on…
2Cited by21 opinions
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Madison v. Ducktown Sulphur, Copper & Iron Co.Tennessee Supreme Court · 1904
- Mountain Copper Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1906
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