Legal Opinion

Mirkil v. Morgan

Supreme Court of Pennsylvania

Decided April 7, 1890No. 230PublishedCited by 11 opinions

APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. No. 230 January Term 1889, Snp. Ct.; court below, No. 362 September Term 1885, C. P. No. 4, in Equity.

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APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. No. 230 January Term 1889, Snp. Ct.; court below, No. 362 September Term 1885, C. P. No. 4, in Equity. On September 23, 1885, John Mirkil filed a bill in equity against Samuel Morgan, George H. Evans and John D. Grover, charging that in consequence of the improper and negligent construction and maintenance of an insufficient drain upon premises in the city of Philadelphia, owned by the defendant, Morgan, and occupied by the other defendants, as his lessees, for the carrying on of the business of cleansing and…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

In this case the master and the court below differed upon the facts. On the one hand, we have an elaborate discussion of the evidence by the master; on the other, a brief opinion by the learned judge, the substance of which is that the master found the facts against the weight of the evidence. Beyond this he has given us no aid in the consideration of the case.

The bill was filed to enjoin an alleged private nuisance maintained by the defendants. The latter are the owners or lessees of a factory building, used for the purpose of refining and cleansing hair.…

2Cases cited6 opinions

  1. Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
  2. Sparhawk v. Union Passenger Railway Co.Supreme Court of Pennsylvania · 1867
  3. Huckenstine's AppealSupreme Court of Pennsylvania · 1872
  4. Richards's AppealSupreme Court of Pennsylvania · 1868
  5. City of New Castle v. RaneySupreme Court of Pennsylvania · 1890

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

3Cited by11 opinions

  1. Belmont Laboratories, Inc. v. HeistSupreme Court of Pennsylvania · 1930
  2. Class & Nachod Brewing Co. v. GiacobelloSupreme Court of Pennsylvania · 1923
  3. Gilbraith's EstateSupreme Court of Pennsylvania · 1921
  4. Phillips's EstateSupreme Court of Pennsylvania · 1928
  5. Clarkson v. CrawfordSupreme Court of Pennsylvania · 1926

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

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