Mitchell v. Hines

Bashine Plybon (defendant) operated a piggery on a rented farm, feeding roughly 400 pigs (up from about 200 in 1935) garbage collected from nearby cities, including dead animal carcasses dumped into a field; during the warmer months of 1941 and again during trial in 1942, the resulting odors severely impaired nearby homeowners' (plaintiffs) enjoyment of their properties. The trial court found the piggery a nuisance and enjoined transporting further garbage to the field, and the defendants appealed.