Western Cottonoil Company v. J. C. Hodges and Mary Weinberg

TUTTLE, Circuit Judge.

This is an appeal from a judgment by the court without a jury in favor of plaintiffs, as the owners of a motor court, against the defendant for the maintenance of a nuisance in the nature of an open pit in which defendant stored an ill-smelling by-product known as “soap stock.” The issues as to liability and damages are narrowed here by the concession made by appellant in its brief as follows:

“We have no quarrel with the finding of the Court that the loss in revenue amounted to $500 per month. Soap bowl odors began about June 1, 1952, and would end within nine months…