Shamhart v. Morrison Cafeteria Company

Injunction proceedings are brought to declare and abate an alleged private nuisance and for damages. The defense denies the existence of the nuisance and further, that even though the nuisance be found to exist, it was not of defendant’s creation. There is little substantial dispute in the evidence. The problem, not infrequent in this character of case, is the determination of the law applicable to the facts.

For the period involved, April 2, 1945 to April 25, 1946, Shamhart operated a drug store, including a soda luncheonette, with entrances at or near the northeast corner of Olive Avenue and…