Wahl v. Methodist Episcopal Cemetery Ass'n
Supreme Court of Pennsylvania
Appeal, No. 17, May T., 1900, by defendants, from decree of C. P. Dauphin Co., Equity Docket, No. 236, on bill in equity in case of George Wahl and James Staples v. Methodist Episcopal Cemetery Association of Williamstown. Bill in equity for an injunction. Before Simonton, P. J. The facts are fully stated in the opinion of the Supreme Court.
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Appeal, No. 17, May T., 1900, by defendants, from decree of C. P. Dauphin Co., Equity Docket, No. 236, on bill in equity in case of George Wahl and James Staples v. Methodist Episcopal Cemetery Association of Williamstown. Bill in equity for an injunction. Before Simonton, P. J. The facts are fully stated in the opinion of the Supreme Court. The court below in an opinion by Simonton, P. J., entered the following decree: And now, April 27, 1900, this cause came on to be finally heard on bill, answer and testimony, and was argued by counsel, whereupon upon due consideration it is ordered,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Green,
The proceeding in this case was a bill in equity to restrain the defendants by injunction from maintaining a cemetery property for burial purposes and from burying or permitting the burial of dead bodies therein, and from polluting and contaminating the wells of the plaintiffs and other persons residing in the borough of Williamstown and township of Williams. And also that the defendants be required to remove dead bodies which had been buried in the cemetery ground in question. The averments in the bill are that the cemetery ground slopes toward the land of…
2Cases cited4 opinions
- Evans v. Reading Chemical Fertilizing Co.Supreme Court of Pennsylvania · 1894
- Rhodes v. DunbarSupreme Court of Pennsylvania · 1868
- Richards's AppealSupreme Court of Pennsylvania · 1868
- Dilworth's AppealSupreme Court of Pennsylvania · 1879
3Cited by5 opinions
- Nelson v. Swedish Evangelical Lutheran Cemetery Ass'nSupreme Court of Minnesota · 1910
- Willock v. ArensbergSuperior Court of Pennsylvania · 1912
- Reid v. Memphis Memorial ParkCourt of Appeals of Tennessee · 1927
- Barnum v. Washington County Commissioners, Pennsylvania Court of Common Pleas, Washington County1933
- Frorer v. Gentzsch, Pennsylvania Court of Common Pleas, Montgomery County1939