Eastman v. Amoskeag Manufacturing Co.
Supreme Court of New Hampshire
"Where the injury is irreparable, not susceptible of being adequately compensated by damages, or such as from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented; as where loss of health, loss of trade or business, destruction of the means of subsistence, or permanent ruin to property may or will ensue from the wrongful acts; in every such case a court of equity will interfere by injunction,” &c.
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"Where the injury is irreparable, not susceptible of being adequately compensated by damages, or such as from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented; as where loss of health, loss of trade or business, destruction of the means of subsistence, or permanent ruin to property may or will ensue from the wrongful acts; in every such case a court of equity will interfere by injunction,” &c. Fowler, J., in Webber v. Cage, 39 N. H. 186, and cases there cited. We allege, and defendants by their demurrer admit, the…
1Opinion of the CourtNesmith, J.
On or about the first day of April, A. D., 1861, the plaintiffs filed their original bill of complaint against the defendants, containing sundry allegations duly set forth in the same, and closing with a prayer for relief as therein stated. At the June Law Term in this district, the defendants appeared and filed a demurrer to said original bill, and contended that plaintiffs were not entitled upon said bill to the relief therein prayed for :
1. Because the plaintiffs had a plain, full, ample and adequate remedy at law, and all the injuries complained of in said bill might be fully compensated…
2Cases cited4 opinions
- Whittlesey v. Hartford, Providence & Fishkill RailroadSupreme Court of Connecticut · 1855
- Jordan v. WoodwardSupreme Judicial Court of Maine · 1854
- Morse v. Machias Water Power & Mill Co.Supreme Judicial Court of Maine · 1856
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1855
3Cited by1 opinion
- Gutbier v. Hannaford Bros.Supreme Court of New Hampshire · 2004