Boren v. Magnolia Petroleum Co.

(after stating the facts as above).

It is the rule that, when the acts or establishments complained of as working hurt or injury are not nuisanqes per se, but may or may not become so, according to locality,. manner, or use, and the surroundings, it is especially proper to refuse a temporary . injunction when it is uncertain or indefinite or contingent that a nuisance will result, or in c.ases of conflicting evidence as to the fact of a nuisance. 1 High on Injunctions (4th Ed.) § 744. In their brief appellants admit, and do not claim to the contrary, that the alleged establishment complained…