Filson v. Crawford

It is not necessary for the disposition of this case to decide whether a livery or boarding stable is or is not per se a nuisance. There can be no question that if such a stable is so kept and used as to destroy the comfort of persons occupying adjoining premises, and impair their value as places of habitation, it becomes an actionable nuisance. Dargan v. Waddell, 9 Ired. 244. In the present case I am of the opinion that the plaintiff has established by a fair preponderance of evidence that the defendants’ stable is a nuisance. Several witnesses testify that the noise caused by the stamping…