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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.