Durfey v. Thalheimer
Supreme Court of Arkansas
Appeal from'Pulaski Chancery Court; Jesse C. Hart, Chancellor; It is not contended that a .livery stable is a nuisance per se; but “in action for injuries resulting from a livery stable as a nuisance, it is sufficient to establish the. injury, either from offensive smells, noise, or the unwarrantable collection of flies; and it is no defense that the stable is well and properly built, etc.
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Appeal from'Pulaski Chancery Court; Jesse C. Hart, Chancellor; It is not contended that a .livery stable is a nuisance per se; but “in action for injuries resulting from a livery stable as a nuisance, it is sufficient to establish the. injury, either from offensive smells, noise, or the unwarrantable collection of flies; and it is no defense that the stable is well and properly built, etc. If, in point of fact, injury results to others that is clearly traceable to the stables as the promoting cause, it is a nuisance.” Wood on Nuisance, § § 594-5. It is not necessary that the noisome smells…
1Opinion of the CourtBattle, J.
Frank Durfey commenced suit against Benjamin and Sidney Thalheimer in the Pulaski Chancery Court, alleging in his complaint that he was the owner of a certain house in a residential part of Tittle Rock, Arkansas, which had been occupied by himself and his ancestors for many years; that defendants had purchased certain adjoining lots and intended to build on the same a brick livery stable, and to keep therein mules, horses and other stock, and all kinds of vehicles, and to operate it with a large number of servants, at all times, in the day and night. If built and operated, the stench from the…
2Cases cited7 opinions
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Burditt v. SwensonTexas Supreme Court · 1856
- Owen v. PhillipsIndiana Supreme Court · 1881
- Gilbert v. ShowermanMichigan Supreme Court · 1871
- Shiras v. OlingerSupreme Court of Iowa · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Meriwether Sand & Gravel Co. v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1930
- Gus Blass Dry Goods Co. v. ReinmanSupreme Court of Arkansas · 1912
- Smith v. Western Hide & Fur Co.Supreme Court of Arkansas · 1922
- Huddleston v. BurnettSupreme Court of Arkansas · 1926
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