Legal Opinion

Collins v. Wayne Iron Works

Supreme Court of Pennsylvania

Decided February 8, 1910No. Appeal, No. 306PublishedCited by 37 opinions

Jan. T., 1909, by defendant, from decree of C. P. Delaware Co., Dec. T., 1906, No. 41, on bill in equity in case of Susan Collins v. Wayne Iron Works. Bill in equity for an injunction. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

February 21, 1910:

The plaintiff below, appellee here, filed a bill against the defendant below, appellant here, alleging a nuisance from the noise created by the operation of defendant’s works.

The plaintiff’s house is in a suburban residential section within less than 354 feet of a four-track railroad over which at this point about 160 trains are operated between 7 a. m. and 7 p. m. each day. The defendant’s iron works are located in a strip of land lying between the residence of the plaintiff and the railroad. This strip of land is unsuited for residential…

2Cases cited1 opinion

  1. Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1908

3Cited by37 opinions

  1. Caldwell v. Knox Concrete Products, Inc.Court of Appeals of Tennessee · 1964
  2. Hannum v. GruberSupreme Court of Pennsylvania · 1942
  3. Williams v. Blue Bird Laundry Co.California Court of Appeal · 1927
  4. Quinn v. American Spiral Spring & Manufacturing Co.Supreme Court of Pennsylvania · 1928
  5. Weaver v. BishopSupreme Court of Oklahoma · 1935

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