Full Case Name
National Refining Co. v. Batte
Description
The court found that the service station created a nuisance for its neighboring resident because it allowed light from its customers' headlights using its station at night to shine into the windows of the neighboring residence.
Date
06-09-1924
Court
Mississippi Supreme Court
Jurisdiction
Mississippi
Plaintiffs
Defendants
Incident Location
Jackson, MS
Disputed Act
The individual plaintiff resided next to a property where the defendant had built a service station. The plaintiff alleged that headlights from the automobiles using the service station at night shined into his windows, which disturbed his sleep.
Holding
The court held that that the service station allowed light from its customers' headlights using the station at night to cause a nuisance for the plaintiff's neighboring residence. The court affirmed the lower court's overruling of the defendant's demurrer to the relief sought by the plaintiff. The plaintiff's relief sought was monetary damages and an injunction enjoining the defendant from maintaining its service station in a way that causes a nuisance toward the plaintiff.
Disposition