Gay v. Perry

*39Opinion op the Court by

Judge Clay

Reversing.

W. T. Perry owns a residence on the east side of North Main street in Winchester. D'. S. Gay owns and operates a grass seed and hemp cleaning plant, situated on the corner of Main street and Winn avenue, and about seventy-five feet south of Perry’s residence. Charging that the plant was a nuisance, Perry brought this action in equity against Gay to abate the nuisance, and to recover damages during its maintenance. The petition alleged that the defendant caused and permitted to escape from his plant a light, filmy substance that covered and entered…