Brief Fact Summary
Plaintiffs own nine acres of land. After plaintiffs had lived on their land, defendant built an oil refinery 1000 feet from the plaintiffs land. The oil refirery emitted nauseating gases and odors in great quantities. Plaintiff's sued to declare the refinery a nuisance.

Rule of Law and Holding
A private nuisance exists in a legal sense when one makes an improper use of his own property and in that way injures the land or some incorporeal right of one's neighbor. A person who intentionally creates or maintains a private nuisance is liable for the resulting injury to others regardless of the degree of care or skill exercised by him to avoid such injury.

Topics
Nuisance