Everett v. Paschall

111 P. 879 (1910)

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Everett v. Paschall

Washington Supreme Court
111 P. 879 (1910)

RW

Facts

By 1910, scientists knew that tuberculosis was generally communicable only through close interpersonal contact. Scientists also knew that well-run sanitariums provided tuberculosis patients with effective care and treatment. Nevertheless, the general public continued to think of tuberculosis only as a deadly, widespread, and widely feared disease. J. F. Everett and his wife (plaintiffs) knew that the opening of a tuberculosis sanitarium in a residential neighborhood could reduce the resale value of neighboring properties by 33 to 50 percent. This knowledge so disturbed the Everetts that they sued when Benjamin & Paschall (Paschall) (defendant) opened a sanitarium on neighboring property. A trial court ruled that Paschall’s sanitarium was not a nuisance per se. The court denied the Everetts’ petition to enjoin the sanitarium’s operation. The Everetts appealed to the Washington Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Chadwick, J.)

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