Sam Finley Incorporated v. Russell

(After stating the foregoing facts.)

The defendant contends that the petition failed to set out a cause of action and that the court erred in overruling its general demurrer to the petition. The plaintiff sought to recover damages for the erection and operation of an asphalt-mixing plant near his home and property in such a manner as to create a private nuisance. “A nuisance is anything that works hurt, inconvenience, or damage to another; and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or…