MAZEIKA v. AMERICAL OIL CO.


383 Pa. 191 (1955)

Mazeika, Appellant, v. American Oil Company.

Supreme Court of Pennsylvania.

November 14, 1955.


Attorney(s) appearing for the Case

Edward A. Damrau, with him Maurice Chaitkin, and Brennan, Brennan, Damrau & Mohan, for appellants.

Charles Holmes Wolfe, Jr., with him Harland I. Casteel, and Campbell, Houck & Thomas for appellees.

Before STERN, C.J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, November 14, 1955:

The single question presented by this appeal is whether or not, in a zoning case, the County Court of Allegheny County possesses jurisdiction in equity to restrain or abate an alleged nuisance.

Appellants, Joseph Mazeika and H.A. Smith, are owners of land in the Borough of Emsworth, Allegheny County. Appellees John S. Weiss and wife possess the fee in adjacent...

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