Legal Opinion

Chamberlain v. Douglas

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1898PublishedCited by 5 opinions

Appeal by the defendant, Andrew Douglas, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 11th day of August, 1897, upon the report of a referee. The plaintiff brought this action to obtain an injunction restraining the defendant from maintaining a planing mill, and operating machinery therein, in a building upon his premises adjoining the plaintiff’s, alleging the same to be a nuisance.

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Appeal by the defendant, Andrew Douglas, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 11th day of August, 1897, upon the report of a referee. The plaintiff brought this action to obtain an injunction restraining the defendant from maintaining a planing mill, and operating machinery therein, in a building upon his premises adjoining the plaintiff’s, alleging the same to be a nuisance. The defense was a, a general denial and an allegation that the premises were used and occupied by the defendant in the conduct…

1Opinion of the Court

Herrick, J.:

After a careful reading and consideration of the evidence in this case, I am satisfied that the plaintiff is entitled to an injunction; the question is just how far that injunction should go.

Injunctions restraining the carrying on of a legitimate and lawful business should go no further than is absolutely necessary to protect the rights of the parties seeking such injunction.

When a person is engaged in carrying on such business he should not be absolutely prohibited from doing so, unless it appears that the carrying on of such business will necessarily produce the injury…

2Cited by5 opinions

  1. Mackenzie v. Frank M. Pauli Co.Michigan Supreme Court · 1919
  2. Morton v. Superior CourtCalifornia Court of Appeal · 1954
  3. Maloney v. KatzensteinAppellate Division of the Supreme Court of the State of New York · 1909
  4. Saal v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
  5. Taulbee v. MillerCourt of Appeals of Kentucky (pre-1976) · 1928

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