Legal Opinion

Carpenter v. Borough of Yeadon

Court of Appeals for the Third Circuit

Decided February 28, 1908No. 12PublishedCited by 5 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below, Joseph F. Carpenter, Jr., a citizen of Delaware, filed a bill in equity against the *767borough of Yeadon, Delaware county, Pa. Carpenter bought 87 acres of land in said borough in 1898. In 1904, he attempted to inter a human body therein, but was refused a burial permit by the borough by virtue of its ordinance of July 29, 1895, which, inter alia, provided:

“Sec*. 2. The enlargement of the existing cemeteries or burying grounds within the borough, by adding thereto or using for purposes of interment of ground not now owned by the owners of such…

2Cases cited4 opinions

  1. Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
  2. Kincaid's AppealSupreme Court of Pennsylvania · 1870
  3. Klingler v. BickelSupreme Court of Pennsylvania · 1887
  4. Haynes v. City of Cape MaySupreme Court of New Jersey · 1887

3Cited by5 opinions

  1. Laurel Hill Cemetery v. City and County of San FranciscoSupreme Court of the United States · 1910
  2. Barrick v. Hockensmith, Pennsylvania Court of Common Pleas, Cumberland County1975
  3. City of Marysville v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1928
  4. City of Marysville v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1928
  5. Shumaker v. Borough of DaltonDistrict Court, M.D. Pennsylvania · 1931

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