Johnson v. Drysdale

Predicated upon the theory that the odors and flies engendered by keeping eight horses in their barn in the midst of a residential district of Rapid City, South Dakota, thirty-four feet from a rental house owned by plaintiff, unreasonably interfered with the enjoyment of plaintiff’s property and was therefore a nuisance, the trial court entered its decree enjoining such use by defendants.

The issues are presented on appeal under an assumption indulged by both parties that the term nuisance, as defined by our law, includes consequences arising from the otherwise lawful use of property. We…