Legal Opinion

Hawkins v. Sanders

Michigan Supreme Court

Decided January 28, 1881PublishedCited by 6 opinions

Appeal from Washtenaw. Injunction. Bill dismissed.

1Opinion of the CourtCampbell, J.

Hawkins who owns a hotel building in Ypsilanti, filed his bill to restrain defendant, who owns a neighboring store building, from maintaining a wooden awning in front of his premises. The complainant’s theory seems to be that this is a public nuisance, which injuriously affects him specially.

The awning is, so far as we can see, no more of a nuisance than it would have been if made of any other material, and it was not, as shown from the evidence, such a structure as any court would regard as a public injury or grievance. It was such as was used habitually in other parts of Ypsilanti as well…

2Cited by6 opinions

  1. Hasselbring v. KoepkeMichigan Supreme Court · 1933
  2. Burke v. SmithMichigan Supreme Court · 1888
  3. Costello v. StateSupreme Court of Alabama · 1895
  4. City Council v. Burum & Co.Supreme Court of Georgia · 1893
  5. World Realty Co. v. City of OmahaNebraska Supreme Court · 1925

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