McCutchen v. Blanton
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor. According to the allegations of the bill, the grass is not of the class of objects which takes its character as a nuisance from its locality, as, for instance, a powder-mill; but it is characterized as a public evil in agricultural districts wherever and by whomsoever introduced.
Read the full summary
Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor. According to the allegations of the bill, the grass is not of the class of objects which takes its character as a nuisance from its locality, as, for instance, a powder-mill; but it is characterized as a public evil in agricultural districts wherever and by whomsoever introduced. It follows from the theory of the complainants that all farmers may treat its introduction as an indictable offence, and have recourse to an injunction. The evidence, however, shows that for grazing and forage the grass is valuable,…
1Opinion of the CourtCampbell, J.
This is an appeal from the refusal of the Chancellor to dissolve the injunction which had been granted in the cause. By the agreement of the parties the case is to be considered and treated as if submitted on final hearing and disposition on its merits. The gravamen of the bill is that the defendant (appellant) is about to sow on his land contiguous to or in the vicinity of lands of the complainants Johnson grass seed, which is averred to be most pernicious seed, and will surely cause the lands of the complainants to be overrun with this grass, whereby they will be rendered unfit for other…
2Cases cited4 opinions
- Auburn and Cato Plank Road Co. v. . DouglassNew York Court of Appeals · 1854
- Green v. LakeMississippi Supreme Court · 1877
- Fisher v. ClarkNew York Supreme Court · 1863
- Brock v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1862
3Cited by5 opinions
- Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
- Madison v. Ducktown Sulphur, Copper & Iron Co.Tennessee Supreme Court · 1904
- Windfall Manufacturing Co. v. PattersonIndiana Supreme Court · 1897
- Sutton v. Findlay Cemetery Ass'nIllinois Supreme Court · 1915
- Western Union Telegraph Co. v. Guernsey & Scudder Electric Light Co.Missouri Court of Appeals · 1891