Sprague v. Sampson
Supreme Judicial Court of Maine
On motion and exceptions. This is an action on the case to recover damages resulting from an alleged private nuisance maintained by defendant on premises adjoining those of the plaintiff. Dust and noise produced by defendant’s granite and marble works, constitute the alleged nuisance. Defendant pleaded the general issue. A verdict for defendant was returned. Plaintiff took four exceptions, and also filed, a general motion for a new trial. Case is fully stated in the opinion.
1Opinion of the Court
Wilson, J..
The defendant conducts a monumental business in the Village of Dover, and since 1886 has occupied small buildings or sheds situated in the rear of buildings fronting on the main street of the village and surrounded chiefly by buildings devoted to business purposes, several of which, however, including the plaintiff’s having the upper stories used as dwellings.
The building of the plaintiff was constructed in 1920. The lower story is used for offices and the second story as a residence. The plaintiff occupies the office on the first or ground floor fronting on the street and the…
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