Remsberg v. Iola Portland Cement Co.

Citations

• 73 Kan. 66
• 84 P. 548
• 1906 Kan. LEXIS 205

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Nuisance — Storing of Dynamite — Question of Fact. Whether the storing of dynamite, conceded to be a lawful business, is a nuisance per se by reason of inappropriate location is, in this case, a question of fact as to whether persons and property in proximity thereto would be exposed to danger that is unavoidable,and inherent in the business when properly conducted.</p> <p>2. -Petition for an Injunction — Proper Allegations. Facts tending to show that such business was being located in unnecessarily close proximity to a public highway frequently traveled by plaintiffs and their family, and to the residence and other buildings of plaintiffs, are proper allegations in a suit to enjoin such business as a nuisance.</p> <p>3. Evidence — Expert—Effect of Explosions of Dynamite. The opinion of a witness, qualified to speak as an expert, upon the effect upon persons and' buildings of the explosion of certain amounts of dynamite within certain distances is proper evidence to be considered in such a case.</p>