Larrabee v. Town of Cloverdale

SMITH, C.

The plaintiff was nonsuited in the court below, and appeals from an order denying a new trial. The suit was brought to enjoin the maintenance of an alleged nuisance, and for damages suffered by the plaintiff by reason of it. Th'e defendants, other than the town, were trustees of the town, but are sued individually. There was no evidence tending to establish the cause of action as against them; and as to them the nonsuit was rightly granted. The material facts of the case as disclosed by the evidence are as follows:

Plaintiff is the owner of a lot containing about two acres of land in…