Legal Opinion

Pittsburg v. W. H. Keech Co.

Superior Court of Pennsylvania

Decided December 13, 1902No. Appeal, No. 42PublishedCited by 7 opinions

Appeal, No. 42, April T., 1902, by plaintiff, from judgment of C.P. No. 1, Allegheny Co., Deo. T., 1899, No. 391, for defendant non obstante veredicto in case of Pittsburg v. W. H. Keech Company. Appeal from alderman, in suit to recover penalty provided by an ordinance.

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Appeal, No. 42, April T., 1902, by plaintiff, from judgment of C.P. No. 1, Allegheny Co., Deo. T., 1899, No. 391, for defendant non obstante veredicto in case of Pittsburg v. W. H. Keech Company. Appeal from alderman, in suit to recover penalty provided by an ordinance. Before Stowe, P. J. The ordinance in question was as follows: “AN ORDINANCE “To regulate and suppress the production and emission of smoke from bituminous coal, and to provide penalties for the violation thereof in the city of Pittsburg. “Section 1. Be it ordained and enacted by the city of Pitts-burg in select and common…

1Opinion of the Court

Opinion by

Rice, P. J.,

Under the construction of the ordinance of May 22, 1895, which the counsel for the appellant ask us to adopt, their statement of the question for decision would be correct. It is as follows : “ Is an ordinance of the city of Pittsburg, enacted in 1895, which authorizes the imposition of a penalty of not less than $10.00 or more than $50.00, for the emission for over three minutes’ duration at any one time, of smoke which is more than *553twenty per cent black from any chimney or smokestack within the city limits, where bituminous coal is used as fuel, in connection with…

2Cases cited7 opinions

  1. Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892
  2. Philadelphia v. BrabenderSupreme Court of Pennsylvania · 1902
  3. Livingston v. Wolf, Pennsylvania Court of Common Pleas, Cumberland County1890
  4. City of Wilkes-Barre v. GarabedSuperior Court of Pennsylvania · 1899
  5. O'Maley v. Borough of FreeportSupreme Court of Pennsylvania · 1880

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3Cited by7 opinions

  1. Nesbit v. RiesenmanSupreme Court of Pennsylvania · 1929
  2. Commonwealth v. BakerSuperior Court of Pennsylvania · 1947
  3. Boehm v. PhiladelphiaSuperior Court of Pennsylvania · 1915
  4. Duffy v. India Refining Co.Superior Court of Pennsylvania · 1914
  5. Commonwealth v. Abdella, Pennsylvania Court of Common Pleas, Cambria County1929

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