# Herring v. H. W. Walker Co.

> Supreme Court of Pennsylvania · November 13, 1962 · 409 Pa. 126

URL: https://www.frixlaw.com/law-library/cases/9734853

## Case

- **Full name:** Herring, Appellant, v. H. W. Walker Company
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 13, 1962
- **Citations:** 409 Pa. 126; 185 A.2d 565; 1962 Pa. LEXIS 416
- **Precedential status:** Published
- **Opinion:** Dissent by Eagen
- **Judges:** Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Keim
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9734853

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9734853. Public record. Not legal advice.