Hyatt v. . Myers
Supreme Court of North Carolina
MotioN in the cause heard before Moore, J., at Spring Term, 1875, Pitt Superior Court. "The plaintiff brought an action against the defendants at Spring Term, 1874, of Beaufort Superior Court, alleging That the defendants had erected a steam cotton gin and grist mill in front of the residence of the plaintiff, and that the smolie stack of the gin and mill stand within sixty feet of the plaintiff’s residence.
Read the full summary
MotioN in the cause heard before Moore, J., at Spring Term, 1875, Pitt Superior Court. "The plaintiff brought an action against the defendants at Spring Term, 1874, of Beaufort Superior Court, alleging That the defendants had erected a steam cotton gin and grist mill in front of the residence of the plaintiff, and that the smolie stack of the gin and mill stand within sixty feet of the plaintiff’s residence. When the wind is blowing from the South, the smoke, soot and cinders from the smoke-stack blow into the residence of the plaintiff in such quantities as to injure the health and comfort…
1Opinion of the CourtPeaesoN, C. J.
What is a nuisance, is a question of law. Nuisances are divided into public and private. There is no suggestion of a public nuisance, that is, an injury to the town of Washington ; but the complaint is of a nuisance to the dwelling house of the plaintiff, by reason of exposure to being set on fire by sparks, and of the annoyance and inconvenience arising from the smoke, soot and cinders coming from the chimney of the defendants’ steam grist mill, factory, &c.
In regard to the exposure of the house to being set on fire, the jury disagreed and were not required to give a verdict, so we are to…
2Cases cited1 opinion
- Hyatt v. . MyersSupreme Court of North Carolina · 1874
3Cited by11 opinions
- Five Oaks Corp. v. GathmannCourt of Appeals of Maryland · 1948
- Dorsey v. . AllenSupreme Court of North Carolina · 1881
- Hart v. WagnerCourt of Appeals of Maryland · 1944
- Pedrick v. RailroadSupreme Court of North Carolina · 1906
- Gallagher v. FluryCourt of Appeals of Maryland · 1904
6 more not listed; retrieve them via the Exa API.