Fletcher v. Barnard

The appeal is from the decree denying defendants’ motion 'to dissolve the temporary writ of injunction theretofore issued.

It appearing without dispute, in conformity with the denials of-the answer, that a gasoline filling station only (and not also a tire repair shop, as alleged in the bill) was proposed or contemplated, tbe case is to be considered as involving the erection only of such a station.

It is recognized by the decisions of this court, in harmony with the decided weight of authority, that a filling station is a lawful business and not a nuisance per se, even in the residential…