Stout v. City of Martin

PALMORE, Judge.

Several owners of real property in the city of Martin brought this action against the city and its contractor, Ramsey & Clubb Construction Company, to enjoin them from building a sewage disposal plant. The ground for relief as stated in the complaint was that if the plant is completed and put into operation it will constitute a private nuisance to each of the plaintiffs by reason of offensive odors emanating from it. The issues were joined by answer on December 7, 1964, and trial was had before the court on March 11, 1965. On the day of the trial plaintiffs moved orally for…