Flood v. Consumers Co.
Appellate Court of Illinois
Bill for an Injunction,—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. The bill was filed in this case by appellant and others to enjoin Consumers Company from completing a building. on Sixty-second street near Madison" avenue in Chicago.
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Bill for an Injunction,—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. The bill was filed in this case by appellant and others to enjoin Consumers Company from completing a building. on Sixty-second street near Madison" avenue in Chicago. The bill states that the Consumers Company is erecting upon its land a large wooden building designed for the storage of ice, and intends to store the same with ice and distribute daily therefrom by loading on ice-wagons drawn by horses, commencing…
1Opinion of the CourtJustice Burke
The court denied the prayer for injunction in this case and dismissed the bill for want of equity.
The answer is abstracted by appellant; however, he protests that it should not be considered. His counsel state that if' the bill shows no equity, it was proper to dismiss it even though an answer had been filed.
There were several complainants in this case. Hone have taken an appeal to this court except Mr. Flood. Appellant insists that the existence and maintenance of an ice-house, regardless of the noises and odors complained of, will depreciate the value of his property, and suggests that it…
2Cases cited14 opinions
- Gilbert v. ShowermanMichigan Supreme Court · 1871
- Wylie v. ElwoodIllinois Supreme Court · 1890
- Oswald v. WolfIllinois Supreme Court · 1889
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- Windfall Manufacturing Co. v. PattersonIndiana Supreme Court · 1897
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