J. P. Schaller & Co. v. Canistota Grain Co.
South Dakota Supreme Court
Appeal from Circuit Court, McCook ‘County. Hon. Joseph W. JONES, Judge. Action by the J. P. Schalíer Company and another against the Canistota Grain Company, to enjoin the construction of an elevator near plaintiffs’ elevators. From an order sustaining a demurrer to the complaint, plaintiffs appeal.
Read the full summary
Appeal from Circuit Court, McCook ‘County. Hon. Joseph W. JONES, Judge. Action by the J. P. Schalíer Company and another against the Canistota Grain Company, to enjoin the construction of an elevator near plaintiffs’ elevators. From an order sustaining a demurrer to the complaint, plaintiffs appeal. It would be useless to allege in the complaint any facts that must of necessity have been intended 'by the Legislature to be embodied in the spirit if not the letter of the statute whose protection -we invoke. The “nuisance in fact” is recognized in the act and is not “solely” statutory. Sec. 533,…
1Opinion of the CourtGates, J.
[1] The complaint in this case, after setting forth the corporate capacity of the parties, alleges “that each of said plaintiffs is the owner of an elevator upon the right of way of the Chicago & Northwestern Railway Company at Canistota, in the county of McCook, state of South Dakota, that the above named defendant has a lease to certain of the said right of way of the said Chicago & Northwestern Railway Company lying between the elevators hereinbefore referred to as belonging to each of plaintiffs. and that said defendant threatens to, and unless restrained by the judgment of this court…
2Cases cited8 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- State ex rel. Cranmer v. ThorsonSouth Dakota Supreme Court · 1896
- Kaufman v. SteinIndiana Supreme Court · 1894
- Griswold v. BregaIllinois Supreme Court · 1896
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ferch v. Housing Authority of Cass CountyNorth Dakota Supreme Court · 1953
- Miles Laboratories, Inc. v. Owl Drug Co.South Dakota Supreme Court · 1940
- Lapland v. StearnsNorth Dakota Supreme Court · 1952
- Street v. Farmers' Elevator Co.South Dakota Supreme Court · 1914
- State v. HornerSouth Dakota Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.