Irby v. Panama Ice Co.

ROGERS, Justice.

This is an appeal from the refusal of the trial judge to grant a preliminary injunction to abate an alleged nuisance.

The defendant company is the owner and operator of an ice manufacturing plant situated at the corner of Chartres and Toulouse streets, in the square bounded by Royal and St. Louis streets, in the city of New Orleans. The ■ plaintiffs, thirteen in number, reside on Royal street, in the vicinity of defendant’s plant.

Plaintiffs allege, in substance, that during the month of June, 1935, the defendant changed its power plant from steam, generated quietly in a brick…