State v. Wetherall Dunsey
5 Del. 487
Del. Super. Ct.
1854
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ANY trade or business carried on in a town, or populous neighborhood, or near a public road or highway, which produces noxious of offensive smells, to the annoyance of the neighborhood, or persons travelling along the public road, is a common nuisance, and is indictable. (Roscoe, 741.) It is not necessary that the smells should be injurious to health. It is sufficient, if they be offensive to the senses. (Archbold, 698;Roscoe Evid., 738.)