Perrin v. Crescent City Stockyard & Slaughterhouse Co.

Citations

• 119 La. 83
• 43 So. 938
• 1907 La. LEXIS 439

Syllabus

<p>1. Nuisances — Injunction — Abatement — Evidence.</p> <p>This suit is brought by plaintiff (a property owner residing'thereon, in the neighborhood •of the defendant corporation’s plants) to have a fertilizer and tallow plant carried on by it at its abattoir declared a nuisance and abated. Plaintiff obtained a preliminary injunction, which (after hearing) was perpetuated absolutely as to its fertilizers and modified as to its tallow plant. The court rejected the demand for damages. Defendant appealed, and plaintiff on appeal prayed that the judgment be amended so as to maintain the injunction in its entirety with damages.</p> <p>The plaintiff entered into this litigation with the prima presumption that the fertilizer and tallow rendering plants of the defendant were nuisances. Yillavaso v. Barthet, 1 South. 599, •39 La. Ann. 247. That presumption is corroborated by the action of the police jury taken in reference thereto and by the evidence adduced on the trial.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 37, Nuisance, §§ 84-86.]</p> <p>2. Same — Noxious Odoes.</p> <p>The odors complained of are the legitimate and natural cause of the nuisance charged. They are not shown to be injurious to health, but are a source of great discomfort to plaintiff .and his family. A use of property which materially interferes with the physical comfort of those who live in the neighborhood, or which impairs the enjoyment of their home, may be a nuisance, •even though it does not impair their health or result in driving them from their homes.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 37, Nuisance, §§ 26-34.]</p> <p>3. Same — Evidence.</p> <p>The mere fact that other nuisances exist in the same locality which produce similar results is no defense, if the nuisance complained of adds to the nuisance already existing to such an •extent that the injury complained of was measurably traceable thereto. It is not necessary that all the injury should be the re