State v. . Wolf
Supreme Court of North Carolina
iNDicTMKNT for creating a common nuisance by causing unwholesome odors at a slaughter-pen, tried at April Term, 1892, of BuNooMbe Criminal Court, before Carter, J. The charge in the indictment concluded, “to the great damage and common nuisance of all good citizens of the State going, returning and passing through and along the said common road and public highway and being and residing near thereto.”
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iNDicTMKNT for creating a common nuisance by causing unwholesome odors at a slaughter-pen, tried at April Term, 1892, of BuNooMbe Criminal Court, before Carter, J. The charge in the indictment concluded, “to the great damage and common nuisance of all good citizens of the State going, returning and passing through and along the said common road and public highway and being and residing near thereto.” The testimony was .as follows: E. W. Britt testified for the State that the defendant’s slaughter-pen had 'been built for three years on defendant’s own land and was owned and controlled by the…
1Opinion of the Court
Avery, J.:
There was no attempt to prove that any person other than the witness Britt-lived in the vicinity of the slaughter-pen or was subject to annoyance at his house by the offensive orders emanating from it. There was no testimony,' therefore, tending to show that the community generally were affected injuriously by such noxious smells, and the Court very properly declined to submit to the jury the question whether such an injury to the residents of the neighborhood had been shown as amounted to a public nuisance. State v. Holman, 104 N. C., 861. The question whether Britt has sustained…
2Cases cited6 opinions
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- Stewart v. . FrinkSupreme Court of North Carolina · 1886
- State v. . PurifySupreme Court of North Carolina · 1882
- State v. LongSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chesson v. . JordanSupreme Court of North Carolina · 1944
- State v. . HaynieSupreme Court of North Carolina · 1915
- State v. . HolmanSupreme Court of North Carolina · 1889
- State v. . LongSupreme Court of North Carolina · 1886
- People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912