Though a livery stable is constructed with all modern improvements for drainage and ventilation, if offensive odour therefrom and the noise made by the horses are a source of annoyance and inconvenience to the neighbouring residents the proprietor is liable in damages for the injury caused thereby. Gwynne J. dissenting. APPE AL from a decision of the Court of Queen's Bench for Lower Canada (appeal side), affirming the judgment of the Sup6rior Court (1), in favour of the plaintiff.
The plaintiff Dugas owns two houses on St. Denis street in Montreal, and his action was brought in consequence of injuries alleged to have been caused to him by the erection by defendant of a livery stable near one of said houses.
He claimed to have suffered from offensive and unhealthy odours emanatingfrom the stable, from noise made during the night by the horses, and from urine and other feetid liquids penetrating the basement of his house. The defendant pleaded that the stable was built to carry on a business not only allowed but indispensable in a large city; that it was constructed on the most improved and scientific plan and according to the municipal regulations and bylaws; and that it was provided with the best possible system of drainage and ventilation.
:-Sir Henry Strong C.J., and Taschereau, Gwynne, Sedgewick, King and Girouard JJ.
(1) Q.R. 5 S.C. 418.