Carter v. Chotiner

This is an action brought by plaintiffs to restrain and enjoin defendants Chotiner and Sher, partners under the fictitious name of “Paradise Cemetery,” from using for cemetery purposes a certain ten acres of land owned by them, on the ground that such use will be a nuisance, and cause irreparable injury and damages to the premises and health of plaintiffs. Such damage and injury, it is alleged, will be caused by reason of the pollution of the water in the wells used by plaintiffs for domestic and stock purposes. Plaintiffs are owners of property adjoining that of the cemetery. The cemetery is…