Lowe v. Prospect Hill Cemetery Ass'n
Nebraska Supreme Court
Appeal from the ‘district court of Douglas county. Heard below before Powell, J. If it be doubtful or contingent whether acts will constitute a nuisance, injunction will not be granted until actual demonstration. (McCord v. Iker, 12 O. 387; Upjohn v. Board of Health, 46 Mich. 542; Rhodes v. Dunbar, 57 Pa.
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Appeal from the ‘district court of Douglas county. Heard below before Powell, J. If it be doubtful or contingent whether acts will constitute a nuisance, injunction will not be granted until actual demonstration. (McCord v. Iker, 12 O. 387; Upjohn v. Board of Health, 46 Mich. 542; Rhodes v. Dunbar, 57 Pa. St. 274; City of Grecncastle'v. Hazcleib, 23 Ind. 186; Porter v. Witham, 17 Me. 292; Adams v. Michael, 38 Md. 123; Butler v. Rogers, 9 N. J. Eq. 487; Rogers v. Danforth, 9 N. J. Eq. 289; Kingsbury v. Floio'er, 65 Ala. 479; Dunn v. City of Austin, 77 Tex. 139; St. James Church v. Arrington,…
1Opinion of the Court
Ragan, C.
The Prospect Hill Cemetery Association is a corporation organized, under the laws of the state. As its name indicates, it is engaged in the business of interring the dead and in conducting and maintaining a cemetery in the city of Omaha. The space on the map following (p. 99), marked “Prospect Hill Cemetei’y,” indicates the site of an old cemetery belonging to this corporation, which has been used-for burying the dead for a long number of years, was established when the city of Omaha was a frontier town, and at the time such cemetery was established it was outside the residence…
2Cases cited15 opinions
- Laflin & Rand Powder Co. v. TearneyIllinois Supreme Court · 1890
- Anheuser-Busch Brewing Ass'n v. PetersonNebraska Supreme Court · 1894
- Hurlbut v. McKoneSupreme Court of Connecticut · 1887
- Dunning v. City of AuroraIllinois Supreme Court · 1866
- Barnes v. HathornSupreme Judicial Court of Maine · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lowe v. Prospect Hill Cemetery Ass'nNebraska Supreme Court · 1905
- Rea v. Tacoma Mausoleum Ass'nWashington Supreme Court · 1918
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
- City of Syracuse v. Farmers Elevator, Inc.Nebraska Supreme Court · 1968
- Sarraillon v. StevensonNebraska Supreme Court · 1950
16 more not listed; retrieve them via the Exa API.