Rainey v. Herbert
Court of Appeals for the Third Circuit
Appeal from the Circuit: Court of the United Btate"» for the Western District of Ih-umsylvama. In Equity. Bill by George W. and Thomas W. Herbert and ©titers against W. 3. Kainey to enjoin the erection and maintenance of a nuisance. In the court below there was a decree for complainants, the opinion by Judge Acheson (which in partially adopted % the circuit court of appeato) being reported in 54 Fed. Hep. 248. Defendant appeals.
1Opinion of the Court
DALLAS, Circuit Judge.
This ha an appeal front a decree for an injunction restraining the erection of certain coke ovens. The jurisdiction of the circuit court was dependent upon the amount involved in the controversy. There was some conflict of testimony as to the amount of the damage 'which would result to the complainants from the construction and operation of the ovens, but ike court below found that the averment that It would exceed §2,000 was supported by abundant evidence; and, if the matter in dispute were simply and solely the threatened injury to the plaintiffs, this finding of fact…
2Cases cited4 opinions
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Hobson v. Heirs of McArthurSupreme Court of the United States · 1842
- English, Smith, MacKall & Hoffman v. FoxallSupreme Court of the United States · 1829
3Cited by11 opinions
- City of Ottumwa v. City Water Supply Co.Court of Appeals for the Eighth Circuit · 1902
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Jones v. Mutual Fidelity Co.District Court, D. Delaware · 1903
- Amelia Milling Co. v. Tennessee Coal, Iron & R.District Court, N.D. Georgia · 1903
- Duff v. HildrethMassachusetts Supreme Judicial Court · 1903
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