Ray v. Sellers
Court of Appeals of Kentucky
CASE 9 — PETITION ORDINARY cited Civil Code, secs. 143, Gil; 4 Jacob's L. Diet., 419; 3 Bl. Comm., 219; 4 Ibid, 167; 7 B. M., 337. cited 2 Rev. Stat., 719.
1Opinion of the CourtChief Justice Bullitt
The appellee, Sellers, sued the appellant, Ray, for creating a nuisance, by wrongfully depositing dead horses near to the plaintiff’s dwelling-house, thereby corrupting the air in and about the same, and rendering it offensive and unwholesome.
A motion to dismiss the petition, because it was not prop- / erly verified by affidavit, and a demurrer to the petition having' been overruled, the defendant filed an answer, denying that he had wrongfully deposited dead horses near to the plaintiff’s dwelling-house, and alleging, in substance, that the dead horses which he deposited near to said house…
2Cited by3 opinions
- Central Consumers Co. v. PinkertCourt of Appeals of Kentucky · 1906
- Central, Trust Co. v. Wabash, St. L. & P. Ry. Co.U.S. Circuit Court for the District of Indiana · 1893
- Missouri River Packet Co. v. Hannibal & St. Joseph RailroadU.S. Circuit Court for the District of Western Missouri · 1880