JONES v. TRAWICK


75 So.2d 785 (1954)

Edmond JONES et al., Appellants, v. J.B. TRAWICK et al., Appellees.

Supreme Court of Florida. En Banc.

November 16, 1954.


Attorney(s) appearing for the Case

Coe & Coe, Pensacola, for appellants.

Forsyth Caro, Pensacola, for appellees.


ROBERTS, Chief Justice.

The question presented on this appeal is whether a cemetery proposed to be located in a predominantly residential area may be enjoined as a private nuisance by the adjacent home owners. The facts giving rise to this question are stated in the dissenting opinion by Mr. Justice Thomas.

We are cognizant of the rule that cemeteries are not nuisances per se and that the present weight of authority in this country is, as stated in 10 Am.Jur...

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