Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 112
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...it a nuisance. The appellee, Wilborn, owns lots adjoining the lot on which stands the Christian Church, and on the opposite side of the street from the appellant, Perkins, who has two dwelling houses on his lots. Wilborn began the erection of a large barn on his lot on the north side of the church, twenty-seven feet therefrom, and across the street opposite Perkins' lots. This barn will be used by appellee as a private stable, storing hay, fodder and corn, wagon, etc., and for keeping and feeding his horses and mules. He keeps from six to twelve head of horses and mules on hand all the time, and from two to six wagons. These things are all alleged in the petition by appellants who further allege that said building, so used, will create an offensive smell or odor to appellants and others who may attend the church, will attract flies and increase the hazard oi! fire to said church and obstruct the sidewalk in going to and from the church. etc., Our contention under the law is: 1. A stable is not per se a nuisance. 2. Fear or apprehension will not authorize an injunction. 3. In doubtful cases the injunction will be denied. 4. Where the injury is eventual or contingent, the injunction will be refused. 5. The burden of proof is on the complainants and they must make out a clear case. 'A-ppellee, Wilfborn, is the owner of a lot in the town of Albany adjoining on the north the lot on which the Christian ch-urch stands. He proposed to build on his lot, 27 lfeet from the church, a private stable, 45 feet long, 32 feet wide, and 14 feet high to the plates. Appellant Perk-ins owns a lot on the south side of the church, on which is a stable 4 feet from the church, and 'between it and the church is his privy. Perkins also owns residences...
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- 13 Sep 2013
- Illustrations, black and white