Terrell v. Wright
Supreme Court of Arkansas
Appeal from Ouachita Chancery Court; Bmon O. Mahoney, Chancellor; It is not contended that a planing mill is a nuisance per se, but, when a lawful business conducted in a residential part of a town or city is attended with such noise, or occasions smoke and soot to such an extent, as to cause material discomfort, distress or injury to ordinary and normal persons living in the vicinity, it becomes a nuisance, and may be enjoined as such.
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Appeal from Ouachita Chancery Court; Bmon O. Mahoney, Chancellor; It is not contended that a planing mill is a nuisance per se, but, when a lawful business conducted in a residential part of a town or city is attended with such noise, or occasions smoke and soot to such an extent, as to cause material discomfort, distress or injury to ordinary and normal persons living in the vicinity, it becomes a nuisance, and may be enjoined as such. It is not necessary that the owner be actually driven from his dwelling, but it is sufficient if the ordinary use and enjoyment of his home as such is…
1Opinion of the Court
Him,, C. J.
Terrell and Watts brought suit in chancery to enjoin Wright from operating a planing mill situated upon a lot owned by him, near which the plaintiffs had their residences, alleging that it was a nuisance, and rendered their homes uncomfortable by reason of its noise, smoke, soot and cinders. The planing mill was located on the block between Jefferson and Jackson streets in the city of Camden. The Iron Mountain railroad is operated across the block, and the electric light plant is also on the same block, immediately west and adjoining the mill. California Street is west of the…
2Cases cited2 opinions
- Gilbert v. ShowermanMichigan Supreme Court · 1871
- Durfey v. ThalheimerSupreme Court of Arkansas · 1908
3Cited by10 opinions
- Huddleston v. BurnettSupreme Court of Arkansas · 1926
- Junction City Lumber Co. v. SharpSupreme Court of Arkansas · 1909
- City of Milwaukee v. Milbrew, Inc.Wisconsin Supreme Court · 1942
- Cooper v. WhissenSupreme Court of Arkansas · 1910
- Flippin v. McCabeSupreme Court of Arkansas · 1958
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