32 ESSENTIALS OF VETERINARY LAW 



lators are so well posted as to the possibilities of 

 a certain manufacture that they may know that it 

 cannot be so conducted as not to create a nuisance. 



A theatre is not" a nuisance per se, and a declara- 

 tion of a city would not make it so, unless it were 

 in fact a nuisance.^ ^ It is only when it is con- 

 ducted in an improper manner, as to plays pro- 

 duced, or as to the structure of the building, or its 

 maintenance, that it could be generally considered 

 a nuisance. It is a nuisance if it be not furnished 

 with proper exits, or if it be improperly ventilated, 

 or if the aisles be narrow and permitted to be 

 filled ; for in these cases human life is endangered. 

 It may be a nuisance by reason of its detrimental 

 effects upon the morals, especially of children, if 

 the plays produced be of objectionable moral 

 teaching. 



A large number of hogs kept on property adja- 

 cent to a city, so that odors therefrom were of- 

 fensive to people living in the neighborhood, and 

 to those who passed along the streets, and im- 

 paired the health of the citizens and diminished 

 the value of their property, was found to be a 

 public nuisance by the Kansas supreme court, 

 which held that it should be perpetually enjoined.^ '^ 

 The maintenance of a hog ranch where garbage, 

 etc., is to be fed may be at the same time a public 

 and a private nuisance.^^ A private citizen is held 

 entitled to sue to abate a nuisance, although the 

 city charter authorized the common council to 



16 City of Chicago v. Weber, hearing overruled, 88 Kas. 164, 

 246 111. 304, 92 N. E. 859. 127 Pac. 540. 



17 Kansas City v. Sihler Hog isSeigle v. Bromley, 22 Col. 

 Cholera Serum Co., 87 Kas. 786, App. 189, 124 Pac. 191. 



125 Pac. 70. Petition for re- 



