BERGER v. PRESSER

No. 28.

5 Pa. D. & C. 2d 245 (1955)

Berger v. Presser

Common Pleas Court of Luzerne County, Pennsylvania.

October 13, 1955.


Attorney(s) appearing for the Case

George I. Puhak, Andrew I. Puhak, for plaintiff.

Elwood H. Jones, for defendant.


FLANNERY, J., October 13, 1955.

Plaintiff filed a bill in equity and obtained a rule to show cause why defendant should not be enjoined preliminarily from erecting and maintaining an open incinerator on his land in close proximity to defendant's home.

It is averred that plaintiff and his family will be subjected: To the annoyance of offensive odors, smoke and soot and to the danger of fire from sparks.

The term nuisance signifies such use of property...

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