Dill v. Excel Packing Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an action by various suburban property owners (plaintiffs-appellees) to enjoin the operation and maintenance of a cattle feed lot in the immediate neighborhood of their homes on the ground that such operation constitutes a nuisance. From a judgment of the lower court which permanently restrained and enjoined the appellants (defendants) from the operation of their cattle feed lot appeal was duly perfected.

The primary question with which this court is confronted is whether a cattle feeding operation carried on in a sparsely…