Hyatt v. . Myers
Supreme Court of North Carolina
This was a civil action for damages, together with an application for an injunction, tried before Moore, J., at the Fall Term, 1874, of Beaufort Superior Court. At the return term his Honor continued the motion for an injunction, for the purpose of submitting the allegations as to the nuisance complained of to a jury, with leave for the plaintiff to renew the motion at that time.
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This was a civil action for damages, together with an application for an injunction, tried before Moore, J., at the Fall Term, 1874, of Beaufort Superior Court. At the return term his Honor continued the motion for an injunction, for the purpose of submitting the allegations as to the nuisance complained of to a jury, with leave for the plaintiff to renew the motion at that time. His Honor also directed, for the purpose of informing the Court as to the facts upon which the plaintiff’s motion for an injunction is based, that in addition to the issues arising from the pleadings, the following…
1Opinion of the CourtSettle, J.
While Court» of equity are slow to interfere in cases of private nuisance, yet they will do so if the fact of nuisance be admitted or established at law, whenever the nature of' the injury is such that it cannot be adequately compensated by damages, or will occasion a constantly recurring grievance. Adams Eq. 211; Story Eq. 926; 2 Dev. Eq. 38.
In tbe ease before us, the plaintiff having established the nuisance by an issue before a jury, may sue repeatedly and in that way, probably, compel the defendant to abate it.
Failing in that, under our old system his remedy would be to file a bill in…
2Cited by13 opinions
- Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Webb v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1916
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Little v. Town of LenoirSupreme Court of North Carolina · 1909
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