NUISANCES ; DISEASED AND DEAD ANIMALS. 355 



the public health should be endangered thereby.^^* Where 

 a statute prohibited using any place as a slaughter-house with- 

 out a license, it was held that "slaughter-house" included not 

 merely the premises where the actual slaughtering of cattle 

 takes place, but also the premises used for processes connected 

 with or incident to slaughtering and that the latter are used 

 as slaughter-houses, though no actual slaughtering takes 

 place.^^® The authority conferred by a State constitution on 

 municipal corporations and parishes to regulate within their 

 limits the slaughtering of animals for human food does not 

 strip the State of the police power to provide for the appoint- 

 ment of an inspector of all such animals slaughtered through- 

 out the State, such inspector to be under the supervision of 

 the board of health. ^^^ 



The bleating of calves kept over night at a slaughter-house 

 to the annoyance of the neighbors is a nuisance.^*^ But in 

 another case it was held that the squealing of hogs was not 

 such a nuisance as would justify the destruction of the 

 slaughter-house business for the sole purpose of ridding the 

 neighborhood of such noise.^^® 



The manufacture of fish into oil and scrap or fertilizer in a 

 populous neighborhood has been held to be a nuisance 

 per se.~^^ 



One may recover for loss of health and comfort to himself 

 and family from another burying a dead animal on the ad- 

 jacent premises so insufificiently as to cause a nuisance. And 



''" State V. Woodbury, 67 Vt. 602. 



==" Hides V. Littlejohn, 74 L- T. N. S. 24. 



''° State V. Slaughter-house & Refg. Co., 46 La. Ann. 1031. 



As to an indictment for not making a butcher's report of animals 

 slaughtered, see Braun v. State (Tex. Cr.), 49 S. W. Rep. 620. 



^' Bishop V. Banks, 33 Conn. 118. 



'^ Ballentine v. Webb, 84 Mich. 38 — the court saying, "It is only when 

 it reaches the point of discomfort where it is injurious to health that the 

 injury can be said to be irreparable so as to call forth the extraordinary 

 power of a court of chancery to destroy it." 



"" State V. Luce, 9 Houst. (Del.) 396. 



