Alexander v. Stewart Bread Co.

Citations

• 21 Pa. Super. 526
• 1902 Pa. Super. LEXIS 402

Syllabus

<p>Nuisance — Trespass—Operation of business in residential neighborhood —Bakery.</p> <p>It is reasonable and necessary that persons living in a city should subject their personal comfort to the consequences of those operations, trades and businesses that are necessarily carried on in the immediate vicinity of the locality where their product is to be consumed. When a business is of this character, there can be no recovery for a trifling noise and discomfort occasioned by it to surrounding property, but even such a business must be so carried on as not to involve unnecessary annoyance.</p> <p>The operation of a bakery in a residential neighborhood will not be restrained on account of discomfort to nearby residents from odors and sounds, where it appears that the business was conducted in a reasonable and proper manner.</p> <p>In an action of trespass to recover damages for injuries caused by the operation of a bakery in a residential neighborhood, the defendants may show the manner in which the machinery was constructed, and that no noise resulted from its operation, and they may also show the thickness of the wall and the manner in which it was constructed, and also further show that horses kept on the lower floor of the building were necessary to use in connection with the business.</p> <p>In an action to recover damages for injuries resulting from the operation of a bakery in a residential neighborhood, the measure of damages is the injury which plaintiff suffered down to the commencement of the action, and depreciation of the market value of plaintiff’s property cannot be considered.</p>