Woodard v. West Side Mill Co.

Citations

• 43 Wash. 308
• 86 P. 579
• 1906 Wash. LEXIS 697

Syllabus

<p>Nuisance — Injunction—Damages to Private Property. Tbe operation of a sawmill located in a manufacturing district of a city and of tbe value of $150,000, should not be enjoined as a private nuisance to the plaintiff, the owner of a nearby dwelling of the value of $2,500, by reason of the deposit of cinders, soot, and ashes, affecting the plaintiff’s comfort and enjoyment of his property, where it appears that the plaintiff erected the mill, in the first instance, sold the same, together with other lands for its enlargement, and petitioned for the vacation of a street upon which to place larger boilers nearer to his dwelling, and where the mill company used the latest appliances and was guilty of no negligence, and made no objection to the payment of damages sustained by plaintiff by reason of the operation of the mill; since plaintiff impliedly licensed the operation, and the right to an injunction against a private nuisance not malum .in se is not absolute where damages will compensate the plaintiff.</p>