Duty v. Vacuum Oil Co.

Opinion by

Mr. Justice Maxey,

This is an appeal from the dismissal of a bill seeking to restrain the erection of a gasoline, service, and filling station at the southeast corner of Perrysville Avenue and Legion Street, Pittsburgh. Appellants are the owners and occupiers of dwelling houses fronting on these streets. The dwelling on plaintiffs’ properties which is nearest to the proposed service station building is 108 feet away and 60 feet distant from the closest proposed pump. On Maple Avenue there is a public school, the entrance to which is opposite Legion Street. This school has an…