Pottstown Gas Co. v. Murphy
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was an action on the case brought September 14th 1858, by John Murphy against The Pottstown Gas Company.
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Error to the Common Pleas of Montgomery county. This was an action on the case brought September 14th 1858, by John Murphy against The Pottstown Gas Company. The defendants ■ were incorporated by the legislature of the state on the 7th of March 1856, in the usual form, with authority to supply with gas-light the borough of Pottstown, and such individuals and corporations as might desire; to produce, sell, and distribute gas for the production of artificial light; to make and erect the necessary apparatus for manufacturing and introducing the same; construct the requisite buildings and…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
The court was right in saying that this is not a question of negligence, but of nuisance, for so is the declaration. IIow, then, did they define nuisance ? First, of smells. Wantonly, unnecessarily, or oppressively causing such smells as to annoy the plaintiff below in a special and peculiar degree beyond others in the immediate vicinity, and to create an abiding nuisance, to the particular injury of the plaintiff’s property.
We cannot call this a perfect definition ; but, taken in connection with the instruction that “ a certain degree of…
2Cited by17 opinions
- Waschak v. MoffatSupreme Court of Pennsylvania · 1954
- Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
- Gavigan v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1896
- Hauck v. Tidewater Pipe Line Co.Supreme Court of Pennsylvania · 1893
- Stokes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
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