Hatcher v. Hitchcock

The opinion of the court was delivered by

Dawson, J.;

This was an action to enjoin the establishment of an -undertaking business and funeral home in the vicinity of plaintiffs’ residences in Wellington. One of the plaintiffs, Doctor Hatcher, a physician, had a private hospital as well as his private residence in close proximity.

Plaintiffs’ petition recited the pertinent facts and prayed that defendant’s threatened establishment be declared a nuisance and enjoined as such.

Defendant’s answer admitted that he had purchased property adjacent to that of some of the plaintiffs and that his purpose…