Siwak v. Borough of Rankin
Superior Court of Pennsylvania
Appeal, No. 138, April T., 1919, by defendant, from judgment of C. P. Allegheny Co., July T., 1915, No. 1222, on verdict for plaintiffs in case of John Siwak and Mary Siwak, his wife, v. Borough of Rankin. Trespass for nuisance.
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Appeal, No. 138, April T., 1919, by defendant, from judgment of C. P. Allegheny Co., July T., 1915, No. 1222, on verdict for plaintiffs in case of John Siwak and Mary Siwak, his wife, v. Borough of Rankin. Trespass for nuisance. Before Brown, J. At the trial it appeared that the defendant owned and operated an incinerating plant for the garbage and refuse of the borough, and that, in the course of its business, noxious vapors and fumes were emitted from the plant, over the dwellings of the plaintiffs. Verdict and judgment for plaintiff» for $700. Defendant appealed. Errors assigned, among…
1Opinion of the Court
Opinion by
Orlady, P. J.,
In 1908, the Borough of Rankin, a municipal corporation, erected on its own land within the borough limits, an incinerating plant, for the purpose of disposing of the refuse, waste, offal, etc., of the borough. This action in trespass was brought to recover damages for the injurious use of the said building and furnace as a garbage dis-. posal plant in such a manner; by which noisome, noxious and offensive vapors and stenches were discharged therefrom, so as to render dwellings of the plaintiffs uninhabitable and dangerous to the health of the occupants, by reason of…
2Cases cited5 opinions
- Briegel v. City of PhiladelphiaSupreme Court of Pennsylvania · 1890
- Evans v. Reading Chemical Fertilizing Co.Supreme Court of Pennsylvania · 1894
- Gavigan v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1896
- Stokes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Farver v. American Car & Foundry Co.Superior Court of Pennsylvania · 1904
3Cited by10 opinions
- Hill v. Allentown Housing AuthoritySupreme Court of Pennsylvania · 1953
- Kunz v. TitusvilleSupreme Court of Pennsylvania · 1953
- Chase v. Eldred BoroughCommonwealth Court of Pennsylvania · 2006
- Honaman v. PhiladelphiaSuperior Court of Pennsylvania · 1935
- Berish v. City of Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1950
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