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D is a corporation 'for the charitable and benevolent purpose of preventing cruelty to animals, to promote humane and kind treatment of them. D maintains an animal shelter where stray cats and dogs are cared for until such time as new homes may be found for them. D purchased a 25-acre tract of land to build a new shelter. The surrounding area is not so highly urbanized. Ps, who own land in the vicinity, brought suit for an injunction to restrain D from constructing and operating kennels and shelters upon the property. A temporary writ was granted, and a trial to a jury was had upon the application for a permanent injunction. The jury made special findings. If found that barking dogs would disturb or annoy Ps, that Ps would be annoyed by stray dogs and cats, that Ps would not suffer from obnoxious and disagreeable odors, that D will not produce flies and insects, that Ps would suffer no substantial reduction in property values, and that the private nuisance, if any, which may result from the operation of D's proposed animal shelter will not be outweighed by the public welfare benefit. The court rendered judgment for D non obstante veredicto. Ps appealed.

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