Monk v. Packard
Supreme Judicial Court of Maine
ON MOTION.- The facts appear in the opinion. In the defendants’ burial ground the nearest grave is two rods and nine links from "the plaintiff’s sitting room window. The close proximity of the cemetery renders the enjoyment of the plaintiff’s dwelling house and well of water offensive and uncomfortable, constantly exciting apprehensions of disease; and it greatly injures the value and sale of plaintiff’s property.
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ON MOTION.- The facts appear in the opinion. In the defendants’ burial ground the nearest grave is two rods and nine links from "the plaintiff’s sitting room window. The close proximity of the cemetery renders the enjoyment of the plaintiff’s dwelling house and well of water offensive and uncomfortable, constantly exciting apprehensions of disease; and it greatly injures the value and sale of plaintiff’s property. Nuisance is "anything which worketh hurt, inconvenience or damage.” 3 Blackstone, 213. That which is offensive to the senses and renders the enjoyment of life or property…
1Opinion of the CourtVirgin, J.
This is an action on the case for an alleged nuisance, consisting of a private burying ground, containing seven or eight graves, situated near the plaintiff’s dwelling house.
Prior to 1850, the father of two of the defendants, and of the wives of the other defendants, owned about fourteen acres of land on the east side of the county road, in a sparsely settled part of Hebron. The northeast (back) corner of the lot, bounded on the east by the high bank of a brook, was appropriated for a private burial place, in which, at various times from fifteen to forty years ago, some nine or ten bodies had…
2Cases cited1 opinion
- First Baptist Church v. Schenectady & Troy Rail-RoadNew York Supreme Court · 1848
3Cited by11 opinions
- Abbey Land & Improvement Co. v. County of San MateoCalifornia Supreme Court · 1914
- Rea v. Tacoma Mausoleum Ass'nWashington Supreme Court · 1918
- L. D. Pearson & Son v. BonnieCourt of Appeals of Kentucky (pre-1976) · 1925
- Young v. BrownSupreme Court of South Carolina · 1948
- Normandy Consolidated (School) District v. HarralSupreme Court of Missouri · 1926
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