Wendling v. Dixie Ice Mfg. Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Thomas C. W. Ellis, Judge. Action by D. Wendling against the Dixie lee Manufacturing Company, Limited. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
On Motion to Dismiss Appeal.
LAND, J.
This suit is one to abate an alleged nuisance, resulting from smoke, soot, and cinders issuing from the smokestack of the defendant’s ice plant and from noise produced by operating the machinery at night.
Plaintiff prayed for a writ of injunction restraining and .prohibiting the defendant from operating its plant at night, and from using the smokestacks on the premises unless the same shall first be raised 20 feet above the highest building within a radius of 100 feet, and capped so as to prevent soot and cinders from falling therefrom, and shall also…
2Cases cited6 opinions
- Gay v. EllisSupreme Court of Louisiana · 1881
- Fontelieu v. GatesSupreme Court of Louisiana · 1884
- State ex rel. Doullut v. Judge of the Sixth District CourtSupreme Court of Louisiana · 1877
- Koehl v. Judge of Division B of Civil District CourtSupreme Court of Louisiana · 1893
- Osborne v. ClaytonSupreme Court of Louisiana · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Keegan v. Board of Com'rsSupreme Court of Louisiana · 1923
- Board of Liquidating Com'rs of Bank v. DodsonSupreme Court of Louisiana · 1912
- Castell Land & Harbor Co. v. RobertsSupreme Court of Louisiana · 1923