Opinion

Herring v. H. W. Walker Co.

  • 409 Pa. 126
  • 185 A.2d 565
  • 1962 Pa. LEXIS 416
Court
Supreme Court of Pennsylvania
Filed
Nov 13, 1962
Status
Published
Author
Eagen
On the bench
Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Keim
Cited by
10 cases
Authority
More cited than 9.8%

Distinguished

  • Distinguished by Commonwealth v. Wyeth Laboratories, 12 Pa. Commw. 227 (1974)

    However, the facts of McOune and Herring are distinguishable from the instant case in every important aspect.
    Commonwealth Court of PennsylvaniaFeb 27, 1974Read it

The opinion

Dissenting Opinion by

Mr. Justice Eagen :

I must dissent.

The findings of fact in the court below are founded upon substantial testimony. It is not for us to pass upon the credibility of the witnesses or to determine the weight to be given the testimony: Shydlinski v. Vogl, 406 Pa. 534 , 179 A. 2d 240 (1962). A reading of the record will disclose that the Majority accept as gospel truth the testimony offered on behalf of the *136 plaintiff and completely ignores the evidence offered in contradiction. This is beyond onr function.

Moreover, I am convinced that the defendant has utilized all reasonable means to conduct its business in a manner that will prevent annoyance and damage to the plaintiff and others in the neighborhood. This is all it is required to do under the law. See, Ebur v. Alloy Metal Wire Co., 304 Pa. 177 , 155 A. 280 (1931); and, Hannum v. Gruber, 346 Pa. 417 , 31 A. 2d 99 (1943).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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