Grant v. Rosenburg

Holcomb, C. J.

(dissenting)—In my opinion, the decree should merely be modified so as to require the appellants to abate the nuisance by installing such apparatus and appliances as will destroy the noisome matter. Injunction to repress, a lawful business is the harshest remedy available and should be used discreetly and sparingly, and a nuisance abated, when possible, without restraining the business.

I'therefore dissent from the result reached, herein.