Bordeaux v. Greene
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. McEattan, Judge. Action by John R. Bordeaux against Flora E. Greene. From a judgment for defendant entered on sustaining a demurrer to the complaint, plaintiff appeals. Statement of the case by the Justice delivering the opinion Action to abate a nuisance. Plaintiff was the owner of certain lots, and a building thereon, in Butte.
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Appeal from District Court, Silver Bow County; J. J. McEattan, Judge. Action by John R. Bordeaux against Flora E. Greene. From a judgment for defendant entered on sustaining a demurrer to the complaint, plaintiff appeals. Statement of the case by the Justice delivering the opinion Action to abate a nuisance. Plaintiff was the owner of certain lots, and a building thereon, in Butte. Defendant owned an adjoining lot, upon the front part of which she erected a brick building. . In the rear of her lot were outbuildings. In August, 1896, defendant (so plaintiff alleged, “wrongfully and maliciously…
1Opinion of the Court
HUNT, J.-
Defendant built the fence upon her own property. That being true we know of no statute of the State, or ordinance of the city of Butte, which, in the exercise of a police power, prevented her from putting up the structure. Nor will the law generally prevent it. The owner of a piece of property has a right to shut off air and light from his neighbors’ windows by building on his own lots. This doctrine is too well settled in this country to require authorities. He cannot-annoy his neighbor with the smell of his privy vaults, or with percolating sewer water, or other inconveniences…
2Cases cited4 opinions
- Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Burke v. SmithMichigan Supreme Court · 1888
- Pickard v. CollinsNew York Supreme Court · 1856
3Cited by11 opinions
- Johnson v. JohnsonMontana Supreme Court · 1932
- MacGinniss v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Metzger v. HochreinWisconsin Supreme Court · 1900
- Cohen Et Ux. v. Perrino Et Ux.Supreme Court of Pennsylvania · 1946
- Norton v. RandolphSupreme Court of Alabama · 1912
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