O'Reilly v. Perkins

We are of opinion that the demurrer to the bill should be sustained.(1) The complainants do not set out the location of their residences with reference to the defendants’ estate with sufficient definiteness to show that the annoyances threatened would he appreciable to them. Siskiyou Lumber Co. v. Rostel, 121 Cal. 511.

The complainants, through their counsel, admit that a brewery per se is not a nuisance ; and they do not allege any threat, or any facts from which a threat can be inferred, on the part of the defendants to conduct and operate the brewery so as to make it harmful to the…