Torts Keyed to Dobbs
Bamford v. Turnley
Plaintiff complained of the smoke and smell arising from the burning of bricks by the Defendant on his land not far from the Plaintiff’s house. Evidence submitted at trial indicated that the kiln operation was a temporary one, engaged in for private purposes and that Defendant operated the kilns as far as possible from his neighbor’s property. At trial, the judge concluded that, as the location of the kilns was sufficiently removed from Plaintiff’s property and that the operation was a reasonable use upon private land. He found for Defendant, and Plaintiff sought review.
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