Legal Opinion

Pennell v. Kennedy Et Ux.

Supreme Court of Pennsylvania

Decided December 5, 1939No. Appeal, 151PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

Mr. Justice Barnes,

This appeal is from a decree restraining the defendants from operating a gasoline filling station on the south side of West Park Street, a part of the Roosevelt highway, extending, through the borough of Honesdale, in Wayne County. The court found that a gasoline station at this location would constitute a nuisance per se, as the neighborhood is an “exclusive residential section” of the borough. The defendants contended in the court below that the district was not sufficiently developed to acquire a residential charactei*, and that the complainants, who are…

2Cases cited7 opinions

  1. Burke v. HollingerSupreme Court of Pennsylvania · 1929
  2. Carney v. Penn Oil Co.Supreme Court of Pennsylvania · 1927
  3. Calvary Presbyterian Church v. JonesSupreme Court of Pennsylvania · 1936
  4. Thomas v. DoughertySupreme Court of Pennsylvania · 1937
  5. Long v. Firestone Tire & Rubber Co.Supreme Court of Pennsylvania · 1931

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Adams v. Commissioners of TrappeCourt of Appeals of Maryland · 1954
  2. Essick v. ShillamSupreme Court of Pennsylvania · 1943
  3. Todd v. SabloskySupreme Court of Pennsylvania · 1940
  4. Menger v. PassSupreme Court of Pennsylvania · 1951
  5. Bortz v. TrothSupreme Court of Pennsylvania · 1948

4 more not listed; retrieve them via the Exa API.

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