Cox v. Schlachter

This is an appeal from the Boone Superior Court wherein plaintiffs-appellees brought an action against defendant-appellant to abate an alleged nuisance and for damages. Trial was to court without jury.

Appellees filed their complaint to abate a nuisance and for damages alleging they own property adjacent to property of defendant-appellant, and that defendant operates on his property an establishment for the breeding and raising of white mice for sale for biological use which daily emits vile odors damaging appellees and their property.

The issues were joined by appellant’s answer in two…