Harman v. Allen

CULLEN, Commissioner.

In an action brought by T. J. Allen, who operates a general merchandise store in the town of Martin, in Floyd County, the circuit court permanently enjoined William S. Harman and E. C. Slade from reconstructing and placing in operation a coal ramp and crushing machine along a railroad siding behind Allen’s store building. Harman and Slade have appealed.

Since the enjoined activity is in the category of a threatened nuisance, the injunction could properly be granted only upon a finding that a nuisance necessarily would result from the activity. City of Somerset v. Sears,…