Northwood v. Barber Asphalt-Paving Co.
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by John Northwood and others against the Barber Asphalt-Paving Company to abate a nuisance. After a decree for complainants, a petition was filed charging a violation of its terms, and defendant was thereupon adjudged to be guilty of contempt, from which order it appeals.
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Appeal from Wayne; Hosmer, J. Bill by John Northwood and others against the Barber Asphalt-Paving Company to abate a nuisance. After a decree for complainants, a petition was filed charging a violation of its terms, and defendant was thereupon adjudged to be guilty of contempt, from which order it appeals. Thirty complainants, residents or property owners in the vicinity of the works of the defendant company, filed a bill July 16, 1898, to enjoin the defendant’s business as a nuisance, injurious to the health, on account of noxious vapors, odors, stenches, dust, and gases emitted from its…
1Opinion of the CourtGrant, J.
(after stating the facts). It is evident from reading the opinion of Judge Carpenter that in entering this decree he followed the case of Ballentine v. Webb, 84 Mich. 38 (47 N. W. 485, 13 L. R. A. 321), and made a reference to ascertain what could be done to prevent the escape of the dust and the noxious vapors. He recognized the business of the defendant as a legitimate one, which could not be restrained by the injunction of the court until all proper means had been tried to prevent the escape of dust, noxious vapors, etc. Upon the filing of the report he decreed certain specific things to…
2Cases cited4 opinions
- People v. Detroit White Lead Works Corp.Michigan Supreme Court · 1890
- Robinson v. BaughMichigan Supreme Court · 1875
- Ballentine v. WebbMichigan Supreme Court · 1890
- McMorran v. FitzgeraldMichigan Supreme Court · 1895
3Cited by3 opinions
- Mackenzie v. Frank M. Pauli Co.Michigan Supreme Court · 1919
- Waier v. Peerless Oil Co.Michigan Supreme Court · 1933
- O'Connor v. Jersey Creamery Co.Michigan Supreme Court · 1933