Union Cemetery Co. v. Harrison

This is an action On the case by the appellee against the appellant to recover damages alleged to have resulted fx-om a nuisance. There was a verdict and judgment for the plaintiff, and the defendant appealed.

The plaintiff’s theory, as indicated by the pleadings and proof, is that noxious and disagreeable odors arising fx-om a cemetery conducted by the defendant polluted the atmosphere aboxxt his residence to his injury and discomfort.

The whole law of nuisance rests upon the maxim of the common law; “Sic utere tuo alienum non laodas” — every man must so use his own property as not to…