Legal Opinion

Gifford v. Hulett

Supreme Court of Vermont

Decided February 15, 1890PublishedCited by 5 opinions

This was a bill in chancery praying IN- n injunction to restrain the defendants from maintaining and using their barn on the ground that the same was a nuisance to the petitioners. The case was heard upon bill, answer, master’s report and exceptions thereto, at the December Term, 1889. Tyler, Chancellor, sustained the exceptions of the defendants and dismissed the bill. The orators appeal.

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This was a bill in chancery praying IN- n injunction to restrain the defendants from maintaining and using their barn on the ground that the same was a nuisance to the petitioners. The case was heard upon bill, answer, master’s report and exceptions thereto, at the December Term, 1889. Tyler, Chancellor, sustained the exceptions of the defendants and dismissed the bill. The orators appeal. The defendants excepted for that the master on the trial before him received evidence of the use and condition of the barn subsequent to the service of the orators’ bill; and that the evidence of the…

1Opinion of the Court

The opinion of' the court was delivered by

Taft, J.

We consider those facts only which the master reports as existing at the time the bill was served. The exceptions to the report, therefore, become immaterial. The barn was not a nuisance per se. Do the facts reported show it was so improperly and negligently used at the time the bill was brought, that such use became and was a nuisance? This must be determined upon the facts found by the master, viz.: Horses

were kept in the barn and manure from them thrown out and allowed to accumulate within twenty feet of the orators’ dwelling : the manure…

2Cases cited1 opinion

  1. Curtis v. WinslowSupreme Court of Vermont · 1866

3Cited by5 opinions

  1. Pierce v. RiggsSupreme Court of Vermont · 1987
  2. Kilts v. Board of SupervisorsMichigan Supreme Court · 1910
  3. Willett v. Village of St. AlbansSupreme Court of Vermont · 1897
  4. Kyser v. HertzlerSupreme Court of Alabama · 1914
  5. Cain v. RoggeroCourt of Chancery of Delaware · 1944

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