Louisville Coffin Co. v. Warren
Court of Appeals of Kentucky
Case 82 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Whatever annoyance appellant’s factory may have caused appellees, it must be a common and public nuisance, if nuisance at all, and appel- 4 lees are thereby subjected to no greater inconvenience than their ' neighbors. 2. Appellant and its predecessors have long been permitted to use the- ^ smoke-stack within the knowledge of appellees, without protest or complaint from any person. 3. Appellant is using all the…
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Case 82 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Whatever annoyance appellant’s factory may have caused appellees, it must be a common and public nuisance, if nuisance at all, and appel- 4 lees are thereby subjected to no greater inconvenience than their ' neighbors. 2. Appellant and its predecessors have long been permitted to use the- ^ smoke-stack within the knowledge of appellees, without protest or complaint from any person. 3. Appellant is using all the modern appliances known to skill or enter- \ prise to operate the factory in the safest and most approved manner, i (Crosby…
1Opinion of the CourtChief Justice Pryor
This action was instituted by L. L.( Warren and others in the Louisville chancery court against the Louisville Coffin Company, alleging, in substance, that the issue of smoke, soot, and cinders from the smoke-stack of the defendant’s factory is a nuisance to the plaintiffs, who live in the vicinity of the factory and own the property on which they reside. They sought and obtained an injunction in the action, and from that judgment this appeal was taken.
The ground on which the appellant’s factory stands is in the interior of the square bounded by Walnut, Third, Chestnut, and Fourth streets.…
2Cited by11 opinions
- English v. Progress Electric Light & Motor Co.Supreme Court of Alabama · 1891
- Pfingst v. SennCourt of Appeals of Kentucky · 1893
- Indian Refining Company v. BerryCourt of Appeals of Kentucky (pre-1976) · 1928
- Barrett v. VreelandCourt of Appeals of Kentucky · 1916
- Hughes v. General Electric Light & Power Co.Court of Appeals of Kentucky · 1900
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