ELR Citation: ELR 20251
No(s). 44478 (Ill. Mar 30, 1972)

The measure of damages in a private nuisance action to recover for injuries suffered by plaintiffs in their home and to their business as a result of the emission of noxious odors from defendant's plant is the degree of deprivation of the healthful uses of the home and the loss in business to the theatre. The evidence was sufficient to support the trial court's finding that plaintiffs had incurred damages of $3,750 in the use of their home and $15,000 in profits from their business.

Council for Plaintiff
John F. Grady
9 North County Street
Waukegan, IL 60085

Counsel for Defendant
Conzelman, Schultz, O'Meara & Snarski
33 North County Street
Waukegan, IL 60085