City of New Albany v. Slider

In appellee’s complaint he alleges that he is the owner, and, with his family, is in possession, of a house and lot in the city of New Albany, as a-'residence; that the city has caused to be depos*393ited large quantities of garbage, rubbish and filth, gathered off its public ways, near to the premises of appellee, thereby creating a nuisance consisting of a huge pile of decomposed and decaying vegetable and animal matter, from which noxious vapors, disagreeable and unhealthy odors are generated and emitted, whereby the air in and about the premises of appellee was impregnated, injuring…