Fisher v. American Reduction Co.

Citations

• 189 Pa. 419
• 42 A. 36
• 1899 Pa. LEXIS 660

Syllabus

<p>Nuisance— Garbage furnace—Injunction—Equity.</p> <p>Certain residents of a city living on a bluff filed a bill in equity against the proprietor of a garbage furnace situated on the river bank at the base of the bluff. It appeared that plaintiffs were considerably annoyed at times by the offensive odors, not given forth by the furnace itself, but which arose from the garbage before being placed in the furnace. The furnace was of the best and most approved construction. The evidence showed that other industrial establishments on the river bank contributed to some extent to the annoyance. The furnace was operated under a contract with the city, and the site of it had been selected by the city authorities. The evidence tended to show that the site was probably the best for the purpose anywhere within, or in the neighborhood of, the city. The court refused to enjoin the operation of the furnace, but decreed that the garbage should be placed in the furnace as soon as possible, and that the residuum should be shipped off as speedily as possible. Held, that the decree was a proper one under the circumstances.</p>