Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-03-31

and these may be of such a nature
or SO trained kept as to be Of
fen5ive to his neighbors, and then
again the contrary may be the case.
It is not a neighborhcod nuisance
to keep poultry in a clean and care
full manner on ones own land, the
customary noises and odorS of a
chicken coop and yard kept clean
ly and not inimical to persons nor
mally healthful, although annoying
invalidS do not constitute a nui-
Sance.
When Dogs are Nuisanccs
"a dog that habitually and threat
enlngly attacks paSSerS-by along a
public street is a nuisance and may
j~ustifiably be killed by anybody it
attacks. The owner Of an animal
known to be vicious who allows it
to run at large is liable for what
ever damage it does and his knoWl-
edge that it is vicious may be in
ferred when it has a reputation in
the neighborhood for viciousness. To
keep on neighboring premises dogs
that bark and howl and puppies
that whine constantly, SO that the
rest is broken and the sleep de-
stroyed Of a neighboring household
er and his family much of the
time is to maintain a nuisance.
Common gambling houses . :.
are %nuiSances per Sc all the time
and everywhere.
Everywhere trade or business
however lawful, that is so conducted
&C m intnrfn~a rr-.+1 THO LIZ
and comfortable enjoyment Of prop
erty in its vicinity becomes a nui-
Sance Notwithstanding its lawful
ness and its service to the public
and even though it employs the
most improved apparatus and the
best methods.
The manufacture Of illuminat-
ing gas is, per Sc. no nuisance. but
when it produces offensive odors,
and loud explosive noises and emits
dense smoke, thus impairing the
comfortable enjoyment of neighbour
ing property, it is a nuisance.
"A factory is not per Sc a nui-
SARGE merely because of its noises
when running and it becomes one
when its operation inflicts real ply
steal discomfort upon ordinary folks.
Operating q drop hammer, of which
the loud noise and great vibration.
causes nervous shocks to occupants
Of nearby dwellings constitutes a
nuisance.
Mines Not Objectionable
1T IS not considered a nuisance
nor an unreasonable use Of land
to develop its natural resources, and
if the development of these is ac-
companied by no more than slight
and trivial injuries to neighboring
landowners they have no legal cause
to complain. 1t is not creative of a
nuisance to work a coal mine in
the customary way and when the
usual precautions are taken.
In and Of itself smoke is not a
nuisance, but it becomes such when
1t Injuries property in a tangible
way. for example, by discoloring
buildings and furniture and killing
vegetation. And it has been held
to be a nuisance when from day
to day more or less continually it
is constantly poured forth at inter
walls. A business located in a popu-
lOuS community and constantly gen
Grating vile odorS and vaporS, and
emitting smoke and SCOT in great
quantities, all SO offensive as to
faint the food of neighbors and give
them headaches and nausea is a
nuisance to be abated.
TO make a business that pollutes
the air with noXious gases and Of
fensive smells a nuisance to its
neighbors, it is not essential that
those annoyed should be entirely
driven away from their property;
it is non the less a nuisance when
the vapors and stenches are such
as to make living among them I'M
comfortable, d~iSagreeable and an
noying.
Keeping Air Pure
Every land owner has a right to
use and enjoy his land free from
noisome smells and noXious vapors
which come from neighboring prem
iseS, pollute the air and constitute
a nuisance. No has a right to
make the air above another's land
impure any more than he has a
right to trespaSs on the soil and
hence it has been held to be a nui-
sance for n land owner to use on
his premises a Ventilating fan and
by means of it drive the foul air
from his own building against his
neighbours windows. because his
neighbor has a perfect right to keep
the windows open if he likes.
"Asylums and hospitals are never
~nuisanceS unless miSmanaged, but a
hospital situated in close proximity
to a private dwelling house SO that
the sights. sounds, and smells due
to its operation become intolerable
to residents and destroy their COM
fort and peace of mind and under
mine their health may be suppressed