Jones v. Rumford

Rummel, J. †

The plaintiff, respondent here, brought this action to enjoin the defendants from operating a chicken breeding plant, and for damages for alleged depreciation in value of his property, for impairment of the use of his property, and for invasion of his privacy. He contended that the defendants’ breeding plant constituted a nuisance because of the existence of offensive odors, flies, insects and rodents, all caused by the plant.

The trial court ruled that the plaintiff was not entitled to a jury as a matter of right because of the equitable aspects of the case, but called a jury in…