Asia v. Pool

Citations

• 47 Wash. 515
• 92 P. 351
• 1907 Wash. LEXIS 800

Syllabus

<p>Nuisance—Sufficiency of Evidence. The evidence is sufficient to show a nuisance íd maintaining a fisb market in an improper and obnoxious manner, where the evidence of many witnesses from the immediate vicinity was to the effect that offensive fumes and odors from shellfish, boiled or stored in an improper manner, permeated the atmosphere, and the same was not disputed except by negative testimony of persons occasionally in the market; and it was error to dismiss an action to abate the same.</p> <p>Same — Damages — Evidence — Sufficiency. The plaintiff, conducting a mercantile business, should not be denied damages from a nuisance in the maintenance of a fish market in an improper and obnoxious manner from the fact that he cannot state definitely the amount of loss sustained, where it appeared that offensive odors from the improper boiling or storing of shellfish permeated his goods, materially interfered with his trade, and the sales and volume of his business fell off largely, and testimony was given as to the value of goods carried in stock and the volume of business done before and after the location of the market.</p>