Hartford Penn-Cann Service, operated a gas station, restaurant, and truck wash directly across the highway from a

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Hartford Penn-Cann Service, operated a gas station, restaurant, and truck wash directly across the highway from a gas station and truck stop operated under the name “Hartford 65.” It brought suit against the operators of Hartford 65, contending that dust from their property was blowing onto the Penn-Cann Service property to the detriment of its business and to the health of its employees. Dust from Hartford 65 frequently blew onto Penn-Cann Service’s property and prevented some of its employees from wearing contact lenses, and one had to wear a dust mask. Its machinery, including its gas pumps, had to be replaced more frequently; the windows in its restaurant could not be opened; dust collected on packages of food in the restaurant, and the packages had to be wiped off before they could be opened; and business at its truck wash fell off. Should the owners of Hartford 65 be enjoined from operating a gas station or truck stop on the grounds that such use constitutes a nuisance?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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