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Winget v. Winn-Dixie Store, Inc.

South Carolina Supreme Court
130 S.E.2d 363 (S.C. 1963)


Facts

Winn-Dixie Store, Inc. (Winn-Dixie) (defendant) operated a grocery store next to the property of Winget (plaintiff). The land the store was located on was properly zoned for retail use. Winget brought suit, however, claiming a nuisance in (1) the location of the store and (2) the way that the store was operated. Specifically, with respect to claim (2), Winget complained of the increased traffic in the area, the presence of crowds, the presence of trash trucks and street sweepers late at night, large air conditioning fans on the store’s roof that blew air onto Winget’s property, floodlights shining onto Winget’s property, and trash that blew from the store’s property onto Winget’s. The trial court ruled in favor of Winget on claim (2) and denied Winn-Dixie’s motion for a directed verdict. Winn-Dixie appealed.

Rule of Law

Issue

Holding and Reasoning (Lewis, J.)

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