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State v. Wetherall & Dunsey

5 Del. 487 5 Harr. 487 Court Del. Ct. Gen. Sess. English

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p. 487
THE STATE vs. WETHERALL & DUNSEY.

Any trade or business carried on in a town, or populous neighborhood, or near a public road or highway, which produces noxious of offensive smells, to the annoyance of the neighborhood, or persons travelling along the public road, is a common nuisance, and is indictable. (Roscoe, 741.) It is not necessary that the smells should he injurious to health. It is sufficient, if they be offensive to the senses. (Archhold, 698; Roscoe Evid., 738.)