This is а suit to enjoin as a nuisance the operation of an animal rendering plant, and for damages allegedly resulting therefrom. Donald M. Dockery III, and three other complаinants filed their bill in the Chancery Court, First Judicial District of Hinds County, against the defendant, Alfred Jacobshagen Company, a corporation, trading as Jackson Reduction Company (called Reduction Company), the appellant.
Complainants are residents in the Byram area. Defendant has been operating near Byram in Hinds County a rendering plant since 1954. In it dеfendant cooks and renders animal carcasses, hides, feathers, and entrails. The plant is a large operation and involves a considerable investment. The bill chargеd that the operation of defendant’s plant emitted into the air obnoxious, nauseous, sickening and offensive odors and fumes, which have permeated the air in the area and have caused a terrible stench. It was charged that this deprived complainants of the free use and enjoyment of their properties, had been a continuing nuisanсe for several years, the odors could be smelled for many miles, complainants were unable to use and enjoy their homes and yards because of the odors, and were unable to eat
On the other hand, defendant denied that its plant emitted into the air obnoxious odors, they could be smelled for many miles, complainants suffered any discomfort and inconvenience, or had been otherwise injured by any such fumes, and asserted that the plant should not be enjoined from operating. The plant is situated about twеlve miles south of the City of Jackson, and two miles southeast of the community of Byram. Defendant stated the business was a lawful business, it was carefully operated, and had facilities and аn investment of approximately $600,000; that the plant served a valuable, public necessity, and was not permeating the air with such odors.
After a lengthy hearing the Chancery Court found as follows: When appellant took over the plant in 1954, it was processing 150,000 pounds of offal, with only two cookers. At the present time, defendant processes 75,-000,000 pounds of offal annually, and operates 11 cookers; 70,000,000 pounds of such material comes from poultry processing plants and markets. About 8,000,000 pounds come from pick-up of deаd animals. The latter is in an advanced state of decay when taken in the trucks of defendant and transferred in the open air to conveyor troughs and to the cookers. Thе court found that foul, obnoxious, offensive and sickening odors emanated from the plant of defendant, and such odors are ‘ ‘ almost impossible of description. ’ ’ There has bеen some improvement in the operation of the plant, but
Hence the final decree of February 22, 1961, adjudicated that the method of operation of the Reduction Company constituted a nuisance, and steps should be taken by defendant to discontinue the nuisance; that defendant should employ a specialist on odor controls “and take such other steps as may be necessary to eliminate the extensive amount of odor coming from its plant.” Defendant was given until September 1, 1961 (about six months) within which to make such necessary remedies and improvements as would eliminate the extensive odors. The court declined to issue an injunction at that time, pending such imprоvements. The decree further awarded damages of $500 each to Dockery and Guyton, and $500 to Mr. and Mrs. Blaine. Defendant appealed with supersedeas from this decreе.
The conflicts in the evidence were resolved by the chancellor in favor of appellees. From a careful examination of the record, we conclude the chancellor was amply warranted in finding that defendant’s plant as it was operated constituted a nuisance. A business, although in itself lawful, which impregnates the
A reasonable use of one’s property cannot be construed to include those uses which produce obnoxious smells, which in turn result in a material injury to owners of property in the vicinity, causing them to suffer substantial annoyance, inconvenience, and discomfort. Thus a business, although in itself lawful, which impregnates the atmosphere with disagreeable odors or stenches, may become such a nuisance. Each case must be decided upon its own peculiar facts, taking into consideration the location and the surrounding circumstances. It is not necessary that othеr property owners should be driven from their dwellings. It is enough that the enjoyment of life and property is rendered materially uncomfortable and annoying. 39 Am. Jur., Nuisances, Sec. 59. The annоtation in
Moreover, the chancery court had the power to enjoin such future operations of the rendering plant as constituted in fact a nuisance. By the same token, the court had the lesser power to permit continued operation of the plant, subject to certain stated conditions and requirements. Green v. Lake,
The evidence justified the award of damages to complainants, as special damages involving substantial discomfort, inconveniеnce, and annoyance resulting from the excessive, obnoxious odors and stenches which the trial court found emanated from defendant’s plant. Cooper Tire & Rubber Co. v. Johnson, supra; Laurel Equipment Co. v. Matthews, supra. The trial сourt undertook to balance the equities between the parties by finding the existence of a nuisance as the plant was being operated, but at the same time by giving apрellant the opportunity to minimize the odors from it by utilizing an engineering survey and more efficient and careful methods of operation, for the protection of complainants.
For these reasons, the decree of the chancery court is affirmed, and the cause is remanded for the trial court to determine an additional reasonable time within which appellant may make such necessary remedies and improvements in its operations, as will eliminate the extensive odors.
Affirmed and remanded.