1 Ohio Law. Abs. 721 | Ohio Ct. App. | 1923
Epitomized Opinion
Action by nearby residents to enjoin the locating and maintaining of an undertaker’s establishment at the northeast corner of E. Broad street and Monroe avenue, Coluumbus. The petition set out an ordinance prohibiting an undertaker’s establishment in a residential district, but as the ordinance was repealed during the pendency of this case, it was not considered, except as to the question of costs
1. The maintenance of an undertaking establishment in a residential district is not a nuisance per se. This conclusion was reached by the Supreme Court both from the finding of facts, as .well as the evidence, in Koembler v. Pennwell, 75 OS. 278. See also 99 OS. 406.
2. The proposed alterations to alleviate the discomfort of neighbors are hereby made an obligation on Jones and may be included in the journal entry.