Legal Opinion

Duffy v. Meadows.

Supreme Court of North Carolina

Decided September 23, 1902PublishedCited by 23 opinions

ActioN by Erancis Duffy against E. H. & J. A. Meadows Company, heard by Judge Francis D. Winston, at May Term, 1902, of the Superior Court of Craven County. From a refusal of judgment on complaint and answer and an injunction, the plaintiff appealed.

1Opinion of the CourtMontgomery, J.

The plaintiff commenced this action to have abated an alleged nuisance, to-wit, a manufactory of guano, on the premises of the defendant. The plaintiff, in his complaint, alleged that the manufactory was both a public and a private nuisance. The complaint is that the odors arising from certain of the materials used in the manufacture of the guano gives out an unpleasant and objectionable odor, amounting to an offensive stench; that the odors are so noisome and offensive that they “pollute and permeate the atmosphere to such an extent as to render the buildings of the plaintiff almost unfit…

2Cases cited3 opinions

  1. Cooper v. . WymanSupreme Court of North Carolina · 1898
  2. Walker v. . ScottSupreme Court of North Carolina · 1890
  3. Cameron v. . BennettSupreme Court of North Carolina · 1892

3Cited by23 opinions

  1. Erickson v. StarlingSupreme Court of North Carolina · 1952
  2. Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
  3. Freeman v. Blue Ridge Paper Products, Inc.Court of Appeals of Tennessee · 2007
  4. Watts v. Pama Manufacturing CompanySupreme Court of North Carolina · 1962
  5. Webb v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1916

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