Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 78
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. 1880 edition. Excerpt: ... power and smoke-stack in the mill and factory that had been used on the leasehold durin'g the last seven years past, and the volume of smoke, soot, . &c., was no greater than it had been during the entire period';_ They allege the use of every precaution to prevent an injury to appellees' property, and deny any other injury than the annoyance that such buildings and machinery must necessarily cause; that their property cannot be removed without destroying its value, nor their business conducted without the aid of steam power. The depositions of many witnesses have been taken in the case, and much conflicting testimony is presented in the record as to the effect the operating of appellant's factory has on the adjacent property, as well as the extent of the injury and annoyance resulting to those who occupy residences on this square. The discomfort produced by smoke, . soot, &c., from the running of large factories in cities has not, perhaps, been exaggerated by those who have testified; and with reference to the particular case, when looking alone to the testimony offered by the appellees, it can scarcely be maintained that the only injury sustained is the annoyance usually incident to such buildings. This testimony, however, when considered in connection with that offered by the appellant, leaves the mind in doubt as to whether the parties complaining have sustained any substantial injury. The rule that "any interference with our neighbor in the comfortable enjoyment of life is a wrong which the law will redress," must be considered in its application with reference to the condition in which the party has placed himself who is making the complaint. One living in a city must necessarily submit to the...
- Paperback | 234 pages
- 189 x 246 x 12mm | 426g
- 13 Sep 2013
- Illustrations, black and white