WHITE ET AL. v. ATLANTIC REFINING CO., 318 Pa. 569 (1935)

179 A. 434

White et al. v. Atlantic Refining Company, Appellant.

Supreme Court of Pennsylvania.January 21, 1935.
May 27, 1935.

Argued January 21, 1935; reargued May 13, 1935.

Before SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.

Appeal, No. 72, Jan. T., 1935, by defendant, from decree of C. P. Montgomery Co., April T., 1933, No. 8, in case of Raymond A. White et al. v. Atlantic Refining Company. Proceedings remanded to the court below for further hearing.

Bill in equity. Before KNIGHT, P. J.

The opinion of the Supreme Court states the facts.

Decree entered enjoining erection of proposed gasoline filling station. Appeal by defendant allowed to Supreme Court. Decree affirmed. Reargument allowed.

Theodore Lane Bean, for appellant.

Samuel D. Conver, for appellees.

PER CURIAM, May 27, 1935:

We are satisfied upon an inspection of the premises that since Judge KNIGHT made his decree December 8, 1933, there is merit in the contention that there has been an encroachment of business within the 600-foot radius found to be exclusively residential. We accordingly direct the record to be returned to the court below and the proceedings remanded for a rehearing in the light of the changes of conditions which have taken place since the hearing of the cause before the chancellor.

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