198 A. 29 | Pa. | 1938
Defendant appeals from a decree enjoining him from erecting a public garage and gasoline filling station on a lot adjoining plaintiff's residence in the Borough of Bellefonte.
The chancellor found that in the vicinity involved there are no business establishments of a character annoying or offensive to the residents thereof, that there is no business in the neighborhood which affects its safety, peace and quiet, and that the erection and operation of a public garage would necessarily result in noises, smoke and odors. Following our conclusions in Burke v. Hollinger,
In this class of cases the issuance of an injunction "is a matter resting in the sound discretion of the court below, and we will not interfere unless that discretion is manifestly abused": Nesbit v. Riesenman,
The other questions submitted are without merit and require no discussion.
Decree affirmed at appellant's cost.