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

luted air, noise, danger, and even
from headaches, says the associa-
ton.
Dogs that bark and destroy the
nocturnal rest Of people in adjacent
houses are nuiSances, under the law.
but chickens that cluck in the Gus
tomary manner are not nuiSances,
say some court decisions. No state
ment is made as to what kind Of
a noise a chicken would have to
make to render its presence in a
nelghborhood unlawful, but as long
as 1t conducts itself in the "custo-
mary" manner the neighbors can
not complain.
A lawful business is not a nui-
sance in itself, but it may be car
ried on so as to become a nuisance:
Tor example, blasting in a quarry
that renders an adjacent dwelling
unsafe and starts extensive cracks
in its walls may make the operat-
ing company liable for damages.
Adjacent hospitals SO operated as
to disturb and undermine the health
OF those living near, and smoke
from nearby buildings that give
them headaches are nuisanceS and
can be removed.
Must Consider Each, Other
All property is owned and used
subject to the laws of the land, and,
within the limits prescribed by law
to promote public welfare and pro-
tect public and private rights, it's
owner may do with it what he
wishes; but all rights of individuals
must give way to considerations of
public health, safety and comfort.
And all legislation covering null
SanceS is an exercise of the police
power of the state which is the
most comprehensive of all govern
mental powers, and which is used
to enact laws necessary to the pub
lie welfare.
This power may not be used to
invade constitutional rights but it
is without limits except those pre-
Scrlbed by the constitution; and
this power covers the regulation of
the use of private property and the
personal conduct of individuals.
A nuisance exists when there is
conducted an unlawful business or
when a lawful business is conduct
ed in an unlawful manner. The
law also distinguishes between a
public and private nuisance on the
basis that a public nuisance in
JureS all persons who come within
the sphere of its operation, though
not necessarily each Of them to
the same extent; while a private
nuisance affects only one or a few
individuals.
The jurisdiction of the courts over
both public and private nuisances
rests upon the same principles and
goes to the same extent. A public
nuisance may be abated only by the
action of the public authorities and
is ordinarily beyond the reach of
private litigants. In order to give
a private individual a right of ac-
ton to suppress a public nuisance
he must suffer by it special and pc
culiar injury differing from that
common to all the public, not in de-
gree merely but in kind. An indi-
vidual can maintain a suit for dam
ages resulting from a nuisance only
when some right Of his own has
been invaded.
When Does Business Intrude?
John B. Green, N. Y. ATTORNEY
and author of a book entitled Law
for the Home Owner" published
by the Macmillan Coz says:
Owners and occupants of pri-
vate homes in an urban residential
district r said to have an interest
both in character and degree from
the general public in a threatened
intrusion of an Objectionable or of
fenSive business into their immedi-
ate neighborhood and hence to be
entitled to bring and prosecute a
suit to prevent the setting up of
such a business on the ground that
1t constitutes a private nuisance.
1T is a general rule Of law that
a lawful structure is never a COM
mon nuisance and a common nui-
sance is never lawful. A structure
erected by authority of a statute
cannot be a public nuisance al
Continued on page ten.)