Landwer v. Fuller

On Motion for Rehearing

In a motion for rehearing appellant insists that he has established that appellee’s manner of operating his dairy barn and surrounding grounds constituted a nuisance and that as a result of such nuisance he had suffered material damage. He further insists that only the court by proper order can abate such a nuisance and that he is “entitled to his injunction as his right existed when he filed the suit, or accrued thereafter.”

Appellant likewise complains that the trial court heard and considered improper evidence. There is no showing that the trial court considered any…