WINGET V. WINN-DIXIE STORES, INC., Sup. Ct. of S.C., 242 S.C. 152,130 S.E. 2d 363 (1963) CASE BRIEF

WINGET V. WINN-DIXIE STORES, INC.

Sup. Ct. of S.C., 242 S.C. 152,130 S.E. 2d 363 (1963).

NATURE OF THE CASE: Winn-Dixie (D) appealed a judgment of the trial court that granted Ds' motion for a directed verdict as to Winget's (Ps) allegations that the location of D's supermarket was a nuisance, but awarded Ps actual damages in their allegation that Ds' operation of the supermarket was a nuisance.

FACTS: P's home was located is located adjacent to a grocery supermarket operated by D. P alleged that the supermarket was a nuisance in that (1) it was located on a lot that was not a proper location for a grocery business, (2) in the operation of the store D allowed large tractors and trailers to unload produce late at night with consequent noise and glare of lights, (3) large exhaust fans were allowed to blow from the store over the lot of P damaging their property and adding to P's' harassment, (4) floodlights erected upon defendants' property were permitted to cast a glaring light over plaintiffs' property destroying and disturbing the comfort and privacy of the home, (5) trash trucks and street sweepers operated on the premises at late night hours, and (6) the store attracted crowds of people, and many automobiles which caused noise and unhealthy fumes, blocked traffic and generally disturbed the peace and quiet of the neighborhood. P alleged nuisance both from location and from the manner of operation. D moved for a directed verdict. The lower court held that there was no evidence to sustain the allegations that D was a nuisance because of its location, but submitted the issue to the jury as to whether the store was operated in such a manner as to cause injury or damage to Ps. P got a judgment for $5,000.00, actual damages, and a denial by the trial judge of injunctive relief. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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