Eckels v. Weibley
Supreme Court of Pennsylvania
Appeal, No. 300, Jan. T., 1910, by defendants, from decree of C. P. Cumberland Co., in Equity, March T., 1909, No. 2, granting injunction in case of Mervin Eckels et al. v. Walter Weibley and Joseph Cockley. Bill in equity to restrain a threatened nuisance. Before Swope, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 300, Jan. T., 1910, by defendants, from decree of C. P. Cumberland Co., in Equity, March T., 1909, No. 2, granting injunction in case of Mervin Eckels et al. v. Walter Weibley and Joseph Cockley. Bill in equity to restrain a threatened nuisance. Before Swope, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Error assigned among others was in the decree of the court. — The general rule of law is that equity has jurisdiction to restrain the creation and continuance of a private nuisance if the rights of a suitor are clear and certain; but an…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The injunction appealed from followed findings by the court below that the defendants were about to engage in the horse and cattle business in an exclusively residential section of the borough of Carlisle, but not yet compactly built up; that for the purpose of doing so they had erected on a lot owned by them a shed 140 feet in length and 14 feet wide, and were about to build a barn in connection with it 60 feet long and 40 feet wide; that the capacity of the proposed stock yard would be for from 40 to 50 head of cattle and for from 30 to 35 head of horses; that…
2Cases cited3 opinions
- Wahle v. ReinbachIllinois Supreme Court · 1875
- Wier's AppealSupreme Court of Pennsylvania · 1873
- Holke v. HermanMissouri Court of Appeals · 1901
3Cited by16 opinions
- Pennsylvania Co. v. Sun Co.Supreme Court of Pennsylvania · 1927
- Edmunds v. DuffSupreme Court of Pennsylvania · 1924
- Krocker v. Westmoreland Planing Mill Co.Supreme Court of Pennsylvania · 1922
- SPTR, Inc. v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 2016
- Paris v. PhiladelphiaSuperior Court of Pennsylvania · 1916
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