Wilcher v. Sharpe

The defendant had begun the erection of a building in Elm City with the intention of installing therein a feed mill for processing corn and other grains, and had spent for materials and equipment $8,000 when tbe plaintiffs entered suit and obtained a temporary restraining order. This was based upon the ground that the proposed mill when completed and in operation would injuriously affect the owners of adjacent residences by loud noises and the discharge of dust from the milling operations. It Avas alleged that the business as plaintiffs apprehended it would be conducted would constitute a…