Morgan v. High Penn Oil Co.
Supreme Court of North Carolina
77 S.E.2d 682 (N.C. 1953)
Relevant factsFree
High Penn Oil Co. (High Penn) (defendant) operated an oil refinery next to Morgan's (plaintiff) property, which emitted nauseating gases and odors several days a week; Morgan sued for private nuisance, and High Penn moved for a compulsory nonsuit, arguing its refinery operated legally and the emissions were merely an inevitable, non-negligent condition of operating the facility. The trial court denied the motion and found for Morgan; High Penn appealed.
IssueFree
Whether a party who intentionally and unreasonably commits a nontrespassory invasion of another's land can be held liable for private nuisance, even if the party was not negligent.
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