Brightman v. Inhabitants of Bristol
Supreme Judicial Court of Maine
On exceptions. I Case, under B. S. 1857, c. 123, § 8, for three-fourths of the value of a porgy oil factory situated in Bristol alleged to have been destroyed by a mob, April 29, 1868. The plea was not guilty.
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On exceptions. I Case, under B. S. 1857, c. 123, § 8, for three-fourths of the value of a porgy oil factory situated in Bristol alleged to have been destroyed by a mob, April 29, 1868. The plea was not guilty. At the trial at the October term, 1871, it appeared that the plaintiffs built the buildings in question, were in the occupancy of them at the time of their destruction, and had been occupying them for some time previous, under a claim of ownership not seriously questioned. The factory consisted of three buildings, containing the machinery and apparatus thereto affixed, as follows: one…
1Opinion of the CourtAppleton, C. J.
This is an action on the case under E. S. 1857, c. 123, § 8, to recover three-fourths of the value of a porgy oil factory, alleged to have been burnt and destroyed by a mob, on 29th April, 1868. A verdict was rendered in favor of the plaintiffs, and the case. comes before us upon exceptions to the rulings of the presiding justice.
I. The defendants’ counsel offered to show that strong and offensive odors arose from the plaintiffs’ factory, and that it was a *430public nuisance, and a nuisance to those residing in its vicinity, but all evidence to show the factory a nuisance was excluded.
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2Cases cited8 opinions
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- Dwight v. BlackmarMichigan Supreme Court · 1852
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