Frazier v. Chambers

Hawes, Justice.

1. A court of equity will only exercise its power to restrain the erection of buildings and structures to be used in the operation of a lawful business and to restrain the conduct of such business on the ground that *271its operation will constitute a nuisance. Unless it is made to appear that the operation of such business will necessarily constitute a nuisance and that the consequences thereof will result in irreparable damages to the plaintiff, the mere apprehension by the plaintiff of speculative or contingent injuries with nothing to show that they will, in fact, happen are…