Carter v. Johnson

This is an appeal on the judgment roll from a judgment in favor of the defendants entered by the trial court sitting without a jury. The action was on a complaint sounding in nuisance for injunctive relief and damages. The alleged nuisance consisted of maintaining a “horse farm” on property adjacent to plaintiffs’ residence, and a resulting entry of noise, smells, insects, etc. over and onto plaintiffs’ land. Damages were claimed for injury to the property of plaintiffs and, separately, for mental and emotional suffering sustained by Mrs. Carter.

Plaintiffs’ contention that the finding that…