Templeton v. Williams
Oregon Supreme Court
From Clackamas: Thomas A. McBride, Judge. Statement by Mr. Justice Bean. This is a suit by Charlotte Templeton against E. Williams, A. L. Williams, J. E. Williams, and David Williams, partners as Williams Bros. Transfer Co., to enjoin the use of a barn in Oregon City, Clackamas County, Oregon, as a nuisance. From a decree in favor of plaintiff defendants appeal.
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From Clackamas: Thomas A. McBride, Judge. Statement by Mr. Justice Bean. This is a suit by Charlotte Templeton against E. Williams, A. L. Williams, J. E. Williams, and David Williams, partners as Williams Bros. Transfer Co., to enjoin the use of a barn in Oregon City, Clackamas County, Oregon, as a nuisance. From a decree in favor of plaintiff defendants appeal. Plaintiff is the owner of lots 3 and 4, block 62, in said city, upon which are two dwelling houses, while defendants are the owners of lots 5 and 6, of said block, upon which, within about 15 feet of one of plaintiff’s dwellings and…
1Opinion of the CourtJustice Bean
Except in degree, there is but little difference in the testimony on the part of plaintiff from that of defendants. The testimony shows plainly that the barn is constructed of wood, and located in a residence portion of the city; that about 16 horses are kept therein, and that the noise made by them often disturbs the slumbers of the occupants of the nearer dwelling; that when the wind blows from the direction of the stable obnoxious odors emanate therefrom and blow into the house, in order to keep out which the occupants are at times, compelled to close their doors and windows; that it…
2Cases cited4 opinions
- Shiras v. OlingerSupreme Court of Iowa · 1879
- Blagen v. SmithOregon Supreme Court · 1899
- Dargan v. . WaddillSupreme Court of North Carolina · 1848
- Ashbrook v. CommonwealthCourt of Appeals of Kentucky · 1866
3Cited by4 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- Fairview Farms, Inc. v. Reynolds Metals CompanyDistrict Court, D. Oregon · 1959
- Shimberg v. Risdon Creamery Co.Michigan Supreme Court · 1921
- Adams v. Clover Hill FarmsOregon Supreme Court · 1917