Legal Opinion

Cain v. Roggero

Court of Chancery of Delaware

Decided July 28, 1944PublishedCited by 1 opinion

1Opinion of the Court

Pearson, Vice-Chancellor:

Complainants are residents of Westhaven, a real estate development in Christiana Hundred, located west of a portion of the westerly boundary line of the City of Wilmington. Defendants are the owners and operators of eight mushroom houses on a tract adjoining Westhaven on the west. During the summer, defendants store some 360 tons of horse manure, exposed to the weath*133cr, on the land between the mushroom houses and the division line of Westhaven. Complainants say that it gives off an extremely noisome and offensive stench or odor, contaminating the air which permeates…

2Cases cited6 opinions

  1. Rowland v. New York Stable Manure Co.New Jersey Court of Chancery · 1917
  2. Benton v. KernanNew Jersey Court of Chancery · 1940
  3. Wolcott v. DoremusCourt of Chancery of Delaware · 1917
  4. United States v. LuceDistrict Court, D. Delaware · 1905
  5. Gifford v. HulettSupreme Court of Vermont · 1890

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3Cited by1 opinion

  1. Swann Keys Civic Association v. Michael DippolitoCourt of Chancery of Delaware · 2022

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