WADE v. FULLER

No. 9444.

12 Utah 2d 299 (1961)

365 P.2d 802

ALBERT D. WADE ET AL., PLAINTIFFS AND RESPONDENTS, v. A.L. FULLER AND LONE FULLER, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

November 1, 1961.


Attorney(s) appearing for the Case

Hansen & Miller, Salt Lake City, for appellants.

Ray, Quinney & Nebeker, Marvin J. Bertoch, Salt Lake City, for respondents.


CALLISTER, Justice.

Defendants own and operate a business, known as the "Polar King", in Magna, Utah. It is a drive-in cafe from which is served ice cream, sandwiches, soft drinks and the like. Plaintiffs, who are owners and dwellers of nearby residences, brought an action to enjoin the defendants from conducting their business, claiming the same to be a nuisance, and seeking damages.

The lower court, sitting without a jury, found that the operation of defendants...

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