Moss v. Burke & Trotti, Inc.

FOURNET, Justice.

This is a suit by a property owner to 'enjoin the defendant from conducting an undertaking and embalming establishment across the street from his property, on the ground that the same is a nuisance and, as such, should be abated. The plaintiff also seeks to recover damages in the sum of' $8,525.48 for loss of rents and depreciation in the value of his property.

The defense is that defendant’s establishment is not only located in a district • that has been zoned for business purposes, but .that the business of undertaking and embalming not being a nuisance per se, defendant…