Laflin & Rand Powder Co. v. Tearney

Citations

• 131 Ill. 322
• 7 L.R.A. 262

Syllabus

<p>1. Nuisance—private nuisance—defined. A private nuisance is defined to be anything done to the hurt or annoyance of the lands, tenements- or hereditaments of another. Any unwarrantable, unreasonable or unlawful use by a person of his own property, real or personal, to the injury of another, comes within the definition of a nuisance, and renders the owner or possessor liable for all damages arising from such use.</p> <p>2. Same—location to be changed—as the circumstances may require. Carrying on an offensive or dangerous trade for any number of years in a place remote from buildings and public roads, does not entitle the owner to continue it in the same place after houses have been built and roads laid out in the neighborhood, to the occupants of which, and travelers upon which, it is a nuisance. As the city extends, such nuisances should be removed to vacant grounds beyond the immediate neighborhood of the residence of citizens.</p> <p>3. So in an action to.recover damages for injury to the plaintiff’s-buildings, occasioned by an explosion of defendant’s powder magazine, which was in dangerous proximity to the plaintiff’s property, it-will not avail as a defense that there were other powder magazines in the same neighborhood in which the plaintiff lived, at the time of the explosion of the defendant’s magazine; that they were there when the plaintiff bought her lot- and erected her buildings thereon; that her husband had been employed in the powder business, and that she bought her property in order that he might be near the magazines; that she bought such property after the location of defendant’s magazine ; and that she had before that time leased some of her land to-other powder companies.</p> <p>A. Same—storage of powder, dynamite, etc.—dangerous proximity to buildings. The fact that a magazine of gunpowder and dynamite exploded, show's that it was dangerous; and the fact that such explosion destroyed plaintiff’s buildings, shows that the keeping of gunpowder