NUISANCE

The testimony of the defendants indicated that the * * * oil refinery is a modern plant of the type in approved, known, and general use for renovating used lubricating oils; that the oil refinery is not so constructed or operated as to give out noxious gases or odors in annoying quantities; and that the oil refinery has not annoyed the plaintiffs or any other persons save on a single occasion when it suffered a brief mechanical breakdown.
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[After a trial before a jury, judgment was entered for the plaintiffs for money damages due to the defendants’ creation of a private nuisance.] * * * Ervin,J, on appeal

Each defendant assigns as error the disallowance of its motion for a compulsory nonsuit. We consider these assignments of error separately because the defendants urge different reasons to sustain their respective positions.