ng his maintenance of a nuisance. Some things and trades are
considered as nuisances of themselves, for example, a slaughter house
in a large town, a pigsty near a dwelling house, a house of ill fame,
the fouling of a spring, well or stream; keeping a large quantity of
explosives near a public dwelling, or animals or other property
dangerous to human life. Likewise, a hospital that operates to destroy
the peace, quiet and comfort of those in adjoining residences, affects
their health and value of their property is a private nuisance,
against which action may be taken for its removal or abatement. Public
cemeteries come under the same ban. They will not be adjudged a
nuisance simply because they offend the fancy, delicacy, or
fastidiousness of neighbors, or even depreciate the value of adjoining
property.

When a business is carried on, structures are erected, or excavations
are made which are nuisances, the actor is liable in damages for them
whether he exercised due care in constructing and maintaining them or
not. The same rule applies to the owner or keeper of a savage and
dangerous animal.

Acts of discomfort that amount to a nuisance are such as produce this
effect to persons of ordinary sensibility who live in the locality
where the nuisance exists. Noises, odors, smoke, or dust may
constitute an actionable nuisance in one locality and not in another.
If the nuisances are from ordinary musical instruments in the dwelling
of a neighbor, or from his children, yet are only of a kind that may
be expected in such a neighborhood, they must be borne, unless
prohibited by law. On the other hand, the same amount of noise caused
by horses in the basement of an adjoining house is an actionable
nuisance.

A temporary annoyance is quite another thing. The erection of an iron
building near a dwelling might, during the period of construction,
cause great noise and discomfort, yet the occupier of the dwelling
would have no remedy. But there is a limit to the conduct of the
annoyer. He must act reasonably. He cannot blast rock, or hammer
metal, or operate noisy steam drills at all hours of the day and
night. He must conform to the habits of the community, and not
unreasonably disturb his neighbors, during ordinary working hours.
There is a distinction also between acts that annoy and those that
injure adjoining property. Generally acts of the latter kind are
actionable. If one fixes his residence near a nuisance, formerly he