FIRTH v. SCHERZBERG


366 Pa. 443 (1951)

Firth v. Scherzberg, Appellant.

Supreme Court of Pennsylvania.

January 2, 1951.


Attorney(s) appearing for the Case

Wesley H. Caldwell, with him Roper & Caldwell, for appellants.

Norman R. Bradley, with him Samuel Kagle and Benjamin Fertik, for appellees.

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


OPINION BY MR. JUSTICE JONES, January 2, 1951:

The plaintiff (joined later by a number of co-complainants) sued to restrain the defendants' use of an unimproved piece of land in Philadelphia as a terminal parking place for tractor-trailer trucks. The complaint averred that the use so made of the property constituted a nuisance per se, being an alleged violation of a municipal zoning ordinance, and also a nuisance in fact.

The defendants Scherzberg,...

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