Morgan v. High Penn Oil Co.
Supreme Court of North Carolina
77 S.E.2d 682 (N.C. 1953)
High Penn Oil Co. (High Penn) (defendant) operated an oil refinery next to Morgan’s (plaintiff) property. Morgan offered evidence that the refinery emitted nauseating gases and odors a few days per week. Morgan brought a suit for private nuisance. High Penn moved for a compulsory nonsuit on the grounds that it operated its oil refinery legally and the emission of the gases was not negligent, but rather an inevitable condition of operating the refinery. The motion was denied. The trial court found in favor of Morgan. High Penn appealed.
Rule of Law
Holding and Reasoning (Ervin, J.)
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