Le Blanc v. Orleans Ice Mfg. Co
| Decision Date | 13 April 1908 |
| Docket Number | 16,847 |
| Court | Louisiana Supreme Court |
| Parties | LE BLANC v. ORLEANS ICE MFG. CO |
Appeal from Civil District Court, Parish of Orleans; George Henry Theard, Judge.
Action by Charles E. Le Blanc against the Orleans Ice Manufacturing Company. Judgment for defendant, and plaintiff appeals. Affirmed.
Frank McGloin, for appellant.
Philip Joseph Patorno, for appellee.
This is a suit to abate an alleged nuisance by injunction and to recover damages. The plaintiff alleges, in substance, that the operation of the defendant's ice plant, by day and by night, produces noises and vibrations, which are a continual source of annoyance and distress to petitioner and his family, residing on the adjoining premises, and which deprive them of necessary rest and sleep at night. The petition charges that the operation of said plant constitutes a continuous nuisance, which has damaged the petitioner in the sum of $ 5,000.
For answer the defendant denied all the allegations of the petition, except as specially admitted, and averred that they had constructed and were operating their plant under a permit from the municipal authorities of the city of New Orleans, and had invested more than $ 125,000 in the enterprise, and that the plaintiff, residing on the adjoining premises, did not oppose the granting of said permit by the city council, and never objected to the construction and operation of defendant's ice plant prior to the institution of the present suit. The respondent, further answering, specially denied that the operation of said plant was accompanied by loud, constant, unusual, and disagreeable noises and vibrations, and specially denied that their business therein conducted was a nuisance, either public or private.
After hearing a large number of witnesses on each side, and the argument of counsel, the judge a quo rendered judgment in favor of the defendant. Plaintiff has appealed.
The issues are purely of fact, and after carefully reading and considering all the evidence adduced, pro and con, we are not prepared to say that the judge below erred in his conclusions.
The location and operation of factories and other works likely to disturb neighbors by reason of smoke, smells, etc., must be determined by the rules of the police or the customs of the place. Civ. Code, art. 669. The evidence shows that the defendant constructed and is operating its plant under a permit from the municipal authorities. The plaintiff made no opposition to the granting of this permit. It is not charged that the defendant has...
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