Magoon v. Lord-Young Engineering Co.

OPINION OF THE COURT BY

ROBERTSON, C. J.

This is an appeal from a decree made by tbe third judge of tbe circuit court of tbe first circuit, sitting in equity, dismiss-. ing tbe bill of complaint in a suit for an injunction to restrain tbe respondents from filling and raising tbe grade of certain parcels of land owned by tbe complainants and situated at Kewalo, Honolulu.

It appears tbat at tbe time of an outbreak of cholera which occurred in Honolulu in tbe early part, of 1911, bacilli of cholera were discovered in a pond upon tbe land of tbe Kanoa estate lying below King street near Ward avenue,…