Green v. Lake
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. L. HaughtoN, Chancellor. This bill, by James M. Green, U. McAllister and Unity Hampton, alleges that the complainants own and occupy residences, where they have lived for years, near each other, in the western part of Aberdeen, on and near the main street, a part of said city dedicated to residences; that, some years since, David Lake leased lots opposite Green’s, nearly opposite McAllister’s, and a little north of…
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Appeal from the Chancery Court of Monroe County. Hon. L. HaughtoN, Chancellor. This bill, by James M. Green, U. McAllister and Unity Hampton, alleges that the complainants own and occupy residences, where they have lived for years, near each other, in the western part of Aberdeen, on and near the main street, a part of said city dedicated to residences; that, some years since, David Lake leased lots opposite Green’s, nearly opposite McAllister’s, and a little north of Hampton’s, and built on them a large wooden structure, representing that it was to be used in dressing plank, but fitted it up…
1Opinion of the CourtSimrall, C. J.
The gravamen of the bill is that the corn and flouring mill of the defendant Lake is a nuisance to the complainants and other citizens of the immediate neighborhood, and to the whole people of the city of Aberdeen, and ought to be abated and *544perpetually enjoined from being run where it is now located. The prayer conforms to the grievances complained of. The special injuries suffered by the complainants are the noise created by running the machinery, danger of fire from sparks to the residences and outhouses .of one or more of the complainants, and liability to disease from the accumulations…
2Cases cited3 opinions
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- O'Brien v. Norwich & Worcester Rail-RoadSupreme Court of Connecticut · 1845
3Cited by20 opinions
- State v. EhrlickWest Virginia Supreme Court · 1909
- Owen v. PhillipsIndiana Supreme Court · 1881
- Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
- Rouse v. MartinSupreme Court of Alabama · 1883
- English v. Progress Electric Light & Motor Co.Supreme Court of Alabama · 1891
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