Keystone Bridge Co. v. Summers
West Virginia Supreme Court
Appeal from, and supersedeas to, a decree of the circuit court of Kanawha county, rendered on the 1st day o'f June, 1877, in a cause in said court then pending, wherein the Keystone Bridge Company was plaintiff, and Lewis Summers and William McCraig were defendants, allowed on the petition of the said Summers. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.
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Appeal from, and supersedeas to, a decree of the circuit court of Kanawha county, rendered on the 1st day o'f June, 1877, in a cause in said court then pending, wherein the Keystone Bridge Company was plaintiff, and Lewis Summers and William McCraig were defendants, allowed on the petition of the said Summers. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. Geeen, President, furnishes the following statement of the case: In February, 1877, the Keystone Bridge Company filed a bill in the circuit court of Kanawha county against Lewis Summers abd…
1Opinion of the Court
GreeN, PRESIDENT,
delivered the opinion of the Court:
Syllabus i. Syllabus 2. The first enquiry is: Did the bill in this case present on i ts face sufficient facts to justify the awarding of the injunction ? A court of equity ought not to interfere by injunction to prevent a public nuisance, when the party asking its aid shows no private injury actually sustained or justly apprehended by him. Beveridge v. Lacey, 3 Rand. 63. The obstruction to a public highway, to justify the interposition of a court of equity, must be more than a mere public nuisance, it must work a special injury to the…
2Cases cited24 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Borden v. FitchNew York Supreme Court · 1818
- Rose v. HimelySupreme Court of the United States · 1808
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
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- Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
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- Sharon Steel Corp. v. City of FairmontWest Virginia Supreme Court · 1985
- Lawson v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1903
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