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Property Law Keyed to Dukeminier
Morgan v. High Penn Oil Co
Facts
The Plaintiffs bought a tract of land, in which they created areas for trailers and rented these areas out. Approximately 1000 feet from the Plaintiff’s house, was located an oil refinery owned by the Defendant. Plaintiffs alleged that at certain hours during two or three days a week, the Defendant’s business emitted nauseating gas and fumes. Plaintiffs instituted a civil action to recover temporary damages for a private nuisance and to abate the nuisance by an injunction. The jury found for the Plaintiff and awarded damages and the injunction. The Defendant appealed.
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