BERNSTEIN v. PITTSBURGH


366 Pa. 200 (1951)

Bernstein, Appellant, v. Pittsburgh.

Supreme Court of Pennsylvania.

January 2, 1951.


Attorney(s) appearing for the Case

W. Denning Stewart, with him Ralph H. German, Harton S. Semple, L. Wesley Martin, Jr., and Rose, Eichenauer, Stewart & Rose, for appellants.

Anne X. Alpern, City Solicitor, with her Bennett Rodgers, First Assistant City Solicitor, and John M. Marshall, Assistant City Solicitor, for City of Pittsburgh, appellee.

Paul Kern Hirsch, with him William S. Moorhead, Jr., Carl E. Weise and Hirsch & Weise, for Trustees, appellees.

Before DREW, C.J., STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.


OPINION BY MR. JUSTICE HORACE STERN, January 2, 1951:

We agree with the court below that the City of Pittsburgh may legally erect an open-air auditorium in Schenley Park and lease it during summer months to a private, nonprofit corporation for the presentation by the latter of light opera for which admission charges will be made.

In 1889 Mary E. Schenley conveyed to the City of Pittsburgh a tract of land containing approximately 300 acres "for the use of the...

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