Mitchell v. Hines

9 N.W.2d 547 (1943)

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Nature of the Case

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Facts

Ds owned or were involved in operating a pig farm. Ps were various owners of residential properties in Beverly Hills located in the general vicinity of the farm. D operated the pig farm since 1935. D fed the pigs with garbage collected from various cities. Uneaten garbage was to be plowed under, and dead animals were to be thrown in a metal container. Garbage haulers dumped garbage and dead animals anywhere in the field. The odor in warm weather was revolting. Ps have lived in their present residences from one to four years prior to 1940. The odors complained of were not noticed before the summer of 1940. The trial court determined that the odors constituted a nuisance, that Ps suffered continuing damage in both diminution of value of property and enjoyment of their homes. The court entered a decree restraining Ds from purchasing, collecting, or acquiring garbage and hauling the same to their property and from feeding hogs. D appealed.