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· 9/21/1904

Wilcox v. Henry

Citations

  • 35 Wash. 591
  • 77 P. 1055
  • 1904 Wash. LEXIS 485

Syllabus

<p>Nuisance — Slaughter House — Special Injury — Enjoined at Suit oe Owner op a Dwelling. The maintenance of a slaughter house and stock pens adjacent to the residence section of a city, and the suffering of the accumulation of offal, refuse, and decaying matter, in the conduct of such business, is a public nuisance that may be enjoined at the suit of the owner of a dwelling who shows special injury by reason of nauseating and offensive smells which taint the atmosphere and food in said house, rendering it unfit for habitation and depreciating its market value.</p> <p>Same — Intermittent Injury. The fact that the nuisance was intermittent and not continual is not ground for refusing equitable relief.</p> <p>Same — Decree—Construction—Suppression op Business. A decree enjoining, as a public nuisance, the maintenance of a slaughter house and restraining the defendant from conducting the business “to the injury of the plaintiff and other residents,” is not objectionable as a suppression of the entire business, the evidence having shown that the objectionable features could be obviated by the installation of deodorizing machines, since the terms of the decree permit the conduct of the business if the noxious odors are obviated so as not to injure or annoy the plaintiff.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where “conviction” is an element of the offense, “[t]he meaning of the word ‘convicted’ as used in the statute ... means the adjudication by the court of the defendant’s guilt”
  • holding that where “conviction” is an element of the offense, “[t]he meaning of the word ‘convicted’ as used in the statute ... means the adjudication by the court of the defendant’s guilt”
  • when a person is charged as a second offender, a previous conviction alleged as an element of the second offense must include an adjudication of guilt

Source: CourtListener parenthetical corpus (CC0).

Judges: Mount

Read full opinion on CourtListener

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