Mahoney Land Co. v. Cayuga Investment Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Ronald, J., entered October 27, 1914, in favor of the plaintiff, in an action for equitable relief, tried to the court.
1Opinion of the CourtBausman, J.
Action by Mahoney Land Company against Cayuga Investment Company, to restrain the operation of certain private garages erected by the Investment Company on its own land across an alley from the Mahoney Company’s high-class apartment house. The lower court permanently enjoined the use of these garages, and allowed $750 damages as well.
Noises and smells from these garages have undoubtedly proved a great annoyance to tenants in at least so much of the apartment house as faces the alley. ‘On the other hand, it is neither alleged nor proved that these garages are used in an unusually noisy or…
2Cases cited3 opinions
- Buchanan v. Logansport, Crawfordsville & Southwestern R. W. Co.Indiana Supreme Court · 1880
- City of Fresno v. Fresno Canal & Irrigation Co.California Supreme Court · 1893
- Huntington & Kenova Land Development Co. v. Phœnix Powder Manuf'g Co.West Virginia Supreme Court · 1895
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- Price v. Humptulips Driving Co.Washington Supreme Court · 1921
- SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
- Steffen v. Snohomish CountyWashington Supreme Court · 1936