ELLIOTT v. SWARTZ INDUSTRIES

No. 744.

57 S.E.2d 305 (1950)

231 N.C. 425

ELLIOTT et al. v. SWARTZ INDUSTRIES, Inc.

Supreme Court of North Carolina.

February 3, 1950.


Attorney(s) appearing for the Case

Victor S. Bryant, Robert I. Lipton, Durham, for defendant, appellant.

Fuller, Reade, Umstead & Fuller, James R. Patton, Jr., James L. Newsom, John E. Markham, Durham, for plaintiffs, appellees.


PER CURIAM.

The plaintiffs brought this action to restrain the defendant from maintaining a nuisance from which they allege they sustained a special damage or injury to their health and discomfort in enjoyment of their home. The nuisance complained of was the operation of a rendering and processing plant in which dismembered portions of animals in various stages of decomposition and putrefaction were steamed in a cooker or digester, thereby causing the fats to collect...

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