Owen v. Phillips
Indiana Supreme Court
From the Posey Circuit Court.
1Opinion of the CourtElliott, J.
— Issue ivas joined upon the complaint of appellants, wherein they charged appellees with maintaining a nuisance, and prayed for an injunction against its continu*286anee and for an order of abatement. The trial was by jury, and resulted in a verdict and judgment against appellants.
The substantive allegations of the complaint may be thus summarized: Appellants are the owners of a house and lot in the town of New Harmony, which they occupy as their dwelling-house ; that on the 26th day of April, 1878, Robinson, Thomas & Co. erected and put in operation a flouring mill, in close proximity to the…
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