Siwak v. Borough of Rankin

Citations

• 72 Pa. Super. 218
• 1919 Pa. Super. LEXIS 287

Syllabus

<p>Boroughs — Nuisance—Garbage plant — Noisome odors — Action of trespass — Case for fury.</p> <p>In an action of trespass against a borough, owning and operating an incinerating plant for the purpose of disposing of the refuse, waste, etc., of the borough, the case is for the jury and a verdict and judgment for the plaintiff will be sustained, where the evidence, though contradicted, tends to show that noisome and noxious vapors and stenches resulted from the operation of the plant, and that the dwellings of the plaintiffs were rendered uninhabitable and dangerous to the health of the occupants.</p> <p>It is not necessary for the plaintiff, in such ’an action, to show that the business of the defendant was carried on recklessly or not properly managed. His case was made out if he showed that the defendant’s business, though lawful in itself, was carried on clearly to his injury, and whether or not it was a nuisance was a question to be submitted to a jury.</p>