Hayden v. Tucker
Supreme Court of Missouri
Appeal from the Callaioay Circuit Court. This suit is a proceeding commenced by injunction in the Callaway Circuit Court by Hayden against Tucker, to restrain a nuisance. A temporary injunction was applied for and granted.
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Appeal from the Callaioay Circuit Court. This suit is a proceeding commenced by injunction in the Callaway Circuit Court by Hayden against Tucker, to restrain a nuisance. A temporary injunction was applied for and granted. The nuisance consisted in the standing of jacks and stallions adjoining to the dwelling-house and premises of plaintiff — the noise of animals being heard both day and night, and the exhibitions both in the covering of mares and jennets, and also while running at large in the lots, could be seen from plaintiff’s dwellings, as well also from the public highway; the trying…
1Opinion of the CourtWagner, Judge
Sic utere tuo ut non alienum ¡cedas, is a sound as well as an ancient maxim of the law. It is an established rule, as old as the common law itself, that a man should so use his property as not to injure his neighbor; and hence if one carry on a lawful trade in such a manner as to work harm or annoyance to another, he will be answerable. Thus it has been held in the old books, that if a man erects a smith’s *221forge, swine-sty, lime-kiln, privy, or tallow furnace, in such close proximity to the dwelling-house of another as to render it unfit for habitation, he will be liable to an action.…
2Cited by17 opinions
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- General Corp. v. State Ex Rel. SweetonSupreme Court of Alabama · 1975
- Clinic & Hospital, Inc. v. McConnellMissouri Court of Appeals · 1951
- Fuchs v. Curran Carbonizing and Engineering Co.Missouri Court of Appeals · 1955
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