Meinecke v. Stallsworth

The plaintiffs filed a petition denominated “Petition in Equity for Damages”, in two counts. The nature of each of these counts was determined by court and counsel in pretrial proceedings to be that Count I is an action for damages for the maintenance of a private nuisance; and that Count II is an action for injunctive relief, seeking to abate such private nuisance. The case was tried upon these theories of recovery before the court without a jury.

At the close of plaintiffs’ evidence, the court sustained an oral motion to dismiss Count I of plaintiffs’ petition and proceeded with the trial of…