Gavigan v. Atlantic Refining Co.
Supreme Court of Pennsylvania
Appeal, No. 22, Jan. T., 1898, by defendant, from judgment of C. P. Lackawanna Co., March T., 1894, No. 637, on verdict for plaintiff. Trespass for nuisance. Before Edwards, J. At the trial plaintiff introduced evidence tending to show material discomfort and injury in the use of his property by the reason of oil escaping from defendant’s petroleum storage plant.
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Appeal, No. 22, Jan. T., 1898, by defendant, from judgment of C. P. Lackawanna Co., March T., 1894, No. 637, on verdict for plaintiff. Trespass for nuisance. Before Edwards, J. At the trial plaintiff introduced evidence tending to show material discomfort and injury in the use of his property by the reason of oil escaping from defendant’s petroleum storage plant. When John E. Roche, a witness for plaintiff, was on the stand, counsel for the plaintiff proposed to prove that witness saw an oily substance in the ditch, tbe city sewer, in the summer of 1894, shortly after tbe suit was brought,…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
In the year 1888, and for years prior thereto, the plaintiff, Gavigan, was the owner of a house and lot on Penn avenue in the city of Scranton. At about that date, the defendant purchased lots and erected tanks and warehouse for the storage of carbon oil and gasoline on adjoining lots; the storage plant was about 240 feet from plaintiff’s residence. The oil and other illuminants stored there were not refined on the premises, but elsewhere, and shipped to defendant in car tanks for storage and distribution to customers. The oil was piped from the car to the storage…
2Cases cited3 opinions
- Evans v. Reading Chemical Fertilizing Co.Supreme Court of Pennsylvania · 1894
- Pottstown Gas Co. v. MurphySupreme Court of Pennsylvania · 1861
- Dennis v. EckhardtSupreme Court of Pennsylvania · 1861
3Cited by31 opinions
- Green v. General Petroleum Corp.California Supreme Court · 1928
- Judson v. L.A. Suburban Gas Co.California Supreme Court · 1910
- Summit Hotel Co. v. National Broadcasting Co.Supreme Court of Pennsylvania · 1939
- Waschak v. MoffatSupreme Court of Pennsylvania · 1954
- Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
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