Parker v. City of Fairmont
West Virginia Supreme Court
Appeal from Circuit Court, Marion County. Bill by Richard F. Parker against the City of Fairmont. From a decree for defendant, plaintiff appeals.
1Opinion of the Court
BobiNSON, Judge :
Parker was summoned before the municipal council of the city of Fairmont to show cause why his dye works, located in a residence section of that-city, should not be declared a nuisance by reason of the coal smoke and soot produced and emitted therefrom. Upon a hearing of the matter the dye works was declared to be such a nuisance and the mayor was ordered to proceed to abate the same. Thereupon Parker by this suit sought to enjoin the city authorities from proceeding further toward interfering with his business, on the ground that the proposed interference was without warrant…
2Cases cited4 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Town of Davis v. DavisWest Virginia Supreme Court · 1895
- Bristol Door & Lumber Co. v. City of BristolSupreme Court of Virginia · 1899
- City of St. Paul v. GilfillanSupreme Court of Minnesota · 1886
3Cited by7 opinions
- Sharon Steel Corp. v. City of FairmontWest Virginia Supreme Court · 1985
- Eno v. City of BurlingtonSupreme Court of Vermont · 1965
- State Ex Rel. Ammerman v. City of PhilippiWest Virginia Supreme Court · 1951
- Potashnick Truck Service, Inc. v. City of SikestonSupreme Court of Missouri · 1943
- Harman v. City of ParsonsWest Virginia Supreme Court · 1917
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