Legal Opinion

Pfingst v. Senn

Court of Appeals of Kentucky

Decided September 19, 1893PublishedCited by 19 opinions

Case 98 — PETITION EQUITY — 1. The annoyances described in the petition constitute such a private; nuisance as will justify the interference of the chancellor. (High on Injunctions, sec. 778; Walker v. Brewster, L. R., 5 Eq, 25; Incbbald v. Robinson, L. R., 4 Ch, 388; Soltan v. DeHeld, 2 -Sim. N. S., 133; Snyder v. Cabell, 29 W. Ya, 48.) 2. The fact that the nuisances are only threatened is no reason for denying the injunction.

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Case 98 — PETITION EQUITY — 1. The annoyances described in the petition constitute such a private; nuisance as will justify the interference of the chancellor. (High on Injunctions, sec. 778; Walker v. Brewster, L. R., 5 Eq, 25; Incbbald v. Robinson, L. R., 4 Ch, 388; Soltan v. DeHeld, 2 -Sim. N. S., 133; Snyder v. Cabell, 29 W. Ya, 48.) 2. The fact that the nuisances are only threatened is no reason for denying the injunction. (Wood, Law of Nuisance, sec. 100;’ Idem, see. 797. 3. The fact that the garden has for several years been used as a beer garden and place of entertainment does not…

1Opinion of the Court

JUDGE HAZELRIGG

delivered the opinion oe the court.

The plaintiffs, some twenty-five in number, filed their action in the Louisville Law and Equity Court, setting up that they were in the possession as owners and tenants of certain premises in proximity to a lot and the improvements thereon, owned by the defendants, and situated on Main and Rowan streets, between Twenty-second and Twenty-fourth streets, in the city of Louisville; that the last-named property had originally been owned by one Nomberger, who resided on it until in about 1872, when it became *558the property of Bloom & Ullman, who had…

2Cases cited2 opinions

  1. Louisville Coffin Co. v. WarrenCourt of Appeals of Kentucky · 1880
  2. Hahn v. ThornberryCourt of Appeals of Kentucky · 1870

3Cited by19 opinions

  1. Boyd v. Board of CouncilCourt of Appeals of Kentucky · 1903
  2. City of Lynchburg v. PetersSupreme Court of Virginia · 1926
  3. In Re HallCalifornia Court of Appeal · 1920
  4. City of Somerset v. SearsCourt of Appeals of Kentucky · 1950
  5. City of Somerset v. SearsCourt of Appeals of Kentucky (pre-1976) · 1950

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