Waier v. Peerless Oil Co.

The action is to abate a private nuisance, arising from the operation of defendant’s oil refinery. The court held:

“That the refining plant of defendant in its process ' of distillation emits noxious gases, nauseous odors and irritating vapors, and that unusual, unnecessary loud and disturbing noises are created by the defendant upon its premises, all of which are discomforting and annoying and detrimental to plaintiffs’ health.”

• The decree required defendant to abate the nuisance before June 15, 1932, and, on failure to do so,

'“It-is hei'eby perpetually enjoined from permitting noxious…