Spellman v. Sherry

This case involves the rights of landlords owning adjoining buildings with a common stairway and second-story hallway between. The plaintiffs sought damages from and injunction against their ad joining landowner, asserting that by leasing her first floor storeroom to a plumber and electrician and the second story to a noisy lodge, she had created continuous nuisances. The district court sustained a demurrer to plaintiffs’ last amended petition and dismissed the action.

For reversal plaintiffs assert that the following facts pleaded in the last amended petition are sufficient to give rise to a…