Grant v. Rosenburg

Citations

• 112 Wash. 361
• 192 P. 889
• 1920 Wash. LEXIS 747

Syllabus

<p>Nuisance (19)—Operation of Slaughter House—Abatement— Evidence—Sufficiency. A nuisance in tbe operation of a slaughter house and fertilizing plant warranting its abatement is sufficiently shown where it appears that foul odors were emitted which spread over the adjoining property, causing discomfort and nausea to persons residing there, that it could not be operated without the emission of odors in some degree, and that its operation interfered with the comfort and health of the residents and greatly depreciated the value of all property in the vicinity by rendering it unfit for small suburban homes for which it is most suitable.</p> <p>Same (23)—Operation of Slaughter House—Abatement. The fact that the business of conducting a slaughter house and fertilizing plant is a lawful one, and that it cannot be carried on without the emission of odors in some degree, thereby necessitating an abandonment of the business itself if abated as a nuisance, is not a valid objection, since the business may lawfully be conducted at any place where similar businesses are conducted, or upon property large enough to confine the objectionable odors thereto, and where not interfering with the use or enjoyment of other property or destroying its value; but such business may not be conducted at any or all places merely because it is lawful.</p> <p>Same (23)—Injunction—Relief Awarded—Suppression of Business. Though a court of equity will not usually enjoin the operation of a legitimate business carried on at a proper place, because of the manner of its operation, but will first require the cause of the grievance to be corrected, it will abate the operation of a slaughter house and fertilizing plant located in a residential district where it must necessarily cause injury to adjoining property owners, it being impossible to operate such plant without the emission of odors therefrom.</p> <p>Holcomb, C. J., dissents.</p> <p>On Rehearing.</p> <p>Nuisance (23)—-Slaughter House—Remedies—Decree.