Nature of the Case
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Facts
P complained in nuisance for D's making of bricks to build his home. P complained that the kilns which D used produced unwholesome vapors, smokes, fumes, stinks, and stenches. P claims both his family and his servants had become ill. At trial, it was determined that D had made bricks to build his own house and that the kilns were far removed from P's property as possible. D claimed that the use was only temporary and reasonable under the circumstances. The trial judge ruled that the burning of bricks under those circumstances (both location and reasonable use) was proper and entered judgment for D. P appealed.
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