Fentress v. Sicard

Kirby, J.,

(after stating the facts). The authorities are well nigh uniform in holding that a mortuary or undertaking establishment of the kind complained of here is not a nuisance per se. It may become a. nuisance, however, by reason of its location in a residential district or from the manner iii which it is operated. In 46 C. J., p. 726, it is said: “An undertaking establishment or funeral parlor is not a nuisance per se, but by reason of surrounding circumstances it may become a nuisance. It may constitute a nuisance by reason of its location, as, for instance, under particular…