Dorsett v. Nunis

Reid, Chief Justice.

(After stating the foregoing facts.) It should be first observed that the ill health and unusual sensitiveness of some of the plaintiffs to noise has no relevancy in the controversy. In the determination of whether a given state of facts discloses a nuisance, the general effect of the condition shown on an ordinary person, rather than one of abnormal sensibilities and feelings, is the proper consideration. This is apparent from the definition of a nuisance as contained in the Code, § 72-101, where it is provided that “The inconvenience complained of shall not be fanciful,…