State ex rel. Board of Health v. Schmidt

Stevens, Y. O.

That the piggery in question, containing throughout the year from fifty to one hundred pigs, large and small, is a private nuisance is proved beyond question. The contention is that it is not a public nuisance — such a nuisance as is indictable. State v. Du Pont de Nemours Powder Co., 79 N. J. Eq. 32. In State v. Uvalde Asphalt Paving Co., 68 N. J. Law 512, it is said that if the indictment layr the nuisance as being committed near a highway and also near several dwelling-houses, it is sufficient. In Rex v. Neil, 2 C. & P. 485, in a passage quoted in 1 Russ. Cr. & M. *319,…