Basham v. Eureka Locker & Cold Storage, Inc.

The opinion of the court was delivered by

Harvey, C. J.;

This was a suit to enjoin defendant from conducting an alleged nuisance. Upon the filing of the petition a temporary injunction was issued. After the issues were formed the judges of the two divisions of the district court sat together and heard the evidence, made findings of fact and conclusions of law and rendered judgment for defendant. Plaintiffs have appealed.

The record discloses that plaintiffs are duly licensed physicians and surgeons; that in *1942 they purchased five lots in the northwest corner of block 46 in Eureka, a city of the…