Kamke v. Clark

It is the position of the appellant Pabst Brewing Company on this appeal that its motion for summary judgment should have been granted because under the undisputed facts the plaintiffs at the time of commencement of the action at most had. only a cause of action at law for damages against appellant, and, therefore, there would be a misjoinder of causes of action unless the action be dismissed as to appellant. The following three reasons are advanced in support of the contention that no cause of action in equity to abate the nuisance existed at the time of institution of suit in behalf of…