City of Pierce v. Schramm

The City of Pierce, situate in the county of Pierce, instituted this action to have the defendant Schramm enjoined from maintaining and operating certain gasoline pumps by him constructed and operated between the graded portion of the street and his lot line, to have such construction declared a nuisance and ordered removed. After the issues were duly joined and evidence submitted, judgment was entered in favor of the plaintiff as prayed. Defendant appeals.

The action is before us for trial de novo. This being a suit in equity, equitable principles must control our consideration of the…