Winbigler v. Clift

Citations

• 102 Kan. 858
• 172 P. 537
• 1918 Kan. LEXIS 159

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Nuisance — May be Both Private and Public. A business may be conducted under conditions which will constitute it a private as well as a public nuisance.</p> <p>2. Same — Petition to Abate Private Nuisance — Stated Cause of Action. On the facts stated in the opinion it was error to sustain a demurrer to the petition in a suit brought by an individual to enjoin the keeping of a horse and mule market in close proximity to his residence.</p> <p>3. Same — Public Nuisance Shown by the Evidence. In an action by the state on the relation of the county attorney, it is held that the evidence was sufficient to justify a fmdifig that a horse and mule market conducted by the defendant constituted a public nuisance.</p>