No. 2919 Philadelphia, 1981, Appeal from the Judgment Nunc Pro Tunc of May 8, 1982 In the Court of Common Pleas of Chester County, Civil Division, No. 216 Equity Term, 1978.
Fronefield Crawford, Jr., West Chester, for appellant.
Michael D. Carr, West Chester, submitted a brief on behalf of appellee.
Cercone, President Judge and Rowley and Cirillo, JJ.
[ 315 Pa. Super. Page 374]
One Paul Hopkins, appellee, filed a complaint in equity against Frank Stepler, his neighbor, who kept eight German Shepherd dogs on his property.*fn1 The complaint set forth the appellant's dogs as causing a nuisance to appellee because of continuous "barking, yelping, and howling," which disturbed appellee and his family. Appellee prayed
(a) that the defendant be adjoined [sic] from making or causing or permitting to be made the noises on their premises complained of;
(b) that the defendant be compelled to move the kennels and runs to another location on his property which is not audible from plaintiff's premises;
(c) that the defendant be compelled to pay the costs and legal expenses occurred [sic] by the plaintiffs in bringing this suit; and
(d) such other relief as the court deems proper in these circumstances.
[ 315 Pa. Super. Page 375]
After a full hearing on the complaint, and a visit to the neighborhood involved, the chancellor granted relief to appellee by rendering a decree nisi:
Appellant Frank Stepler argues on appeal that the lower court erred in making certain findings of fact, in concluding that the dogs were an enjoinable nuisance, in finding the plaintiffs were persons of ordinary sensibilities, and in ordering the ...