Kasper v. H. P. Hood & Sons, Inc.

The question at issue is whether the defendant’s milk distributing plant on Pleasant Street in Watertown, as *25carried on by the defendant, is a nuisance from which the plaintiff is entitled to relief in equity.

The master has found that “So much of the plaintiff’s [defendant’s] business as consists of loading milk on wagons and trucks between 1:00 a.m. and 5:00 a.m. is a nuisance.” This is an ultimate conclusion which embraces not only those findings of fact which must of necessity enter into the decision of such an issue, but also a ruling as to what facts are sufficient in law to constitute a…