Legal Opinion

Miner v. Loomis

Pennsylvania Court of Common Pleas, Luzerne County

Decided December 19, 1935No. 7Published

1Opinion of the Court

Valentine, J.,

Plaintiffs procured a preliminary injunction restraining the defendants from using the property at 174 South Franklin Street, Wilkes-Barre, as a funeral home or establishment.

The proposed location is in the heart of the best residential section of the city. A small portion of Franklin Street, which is adjacent to Market Street, lies in the business section of the city, but the remainder of the street, including the portion on which the property is located, is exclusively residential. No business or commercial establishment of any kind is located on said street within a distance…

2Cases cited27 opinions

  1. King v. GuerraCourt of Appeals of Texas · 1927
  2. Pennsylvania Co. v. Sun Co.Supreme Court of Pennsylvania · 1927
  3. Sparhawk v. Union Passenger Railway Co.Supreme Court of Pennsylvania · 1867
  4. Saier v. JoyMichigan Supreme Court · 1917
  5. Evans v. Reading Chemical Fertilizing Co.Supreme Court of Pennsylvania · 1894

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