34 Ind. App. 72 | Ind. Ct. App. | 1904
Suit by appellant for damages because of the location and maintenance of a pesthouse near his land,
In Hill v. Managers, etc. (1879), 4 Q. B. D. 433, 6 App. Cas. 193, suit was brought for damages and for an injunction to restrain the use of a smallpox hospital erected near the premises of the plaintiff, on the ground that it was a nuisance. The defendants justified under the act of parliament which authorized the erection of asylums for the sick, and referred to smallpox patients as among the class of persons to be provided for. Upon the trial the hospital was found to be a nuisance, and upon appeal the judgment iVas affirmed. Among the opinions pronounced in the house of lords was one by Lord Watson, in which he said: “I do not think that the legislature can be held to have sanctioned that which is a nuisance at common law, except in the ease where it has authorized a certain use of a specific building in a specified position, which can not be so used without occasioning nuisance, or in the
Judgment reversed, with instructions to overrule the demurrer to the complaint.