Ward v. City of Little Rock
Supreme Court of Arkansas
APPEAL from Pulaski chancery court. Hon. D. W. Carroll, Chancellor. It is false and absurd to say that an act is a nuisance-because it is a violation of law, or that the city has authority to declare that to be a nuisance which otherwise and by general laws is not a suisance, because it is prohibited by law. Nothing can be a nuisance unless it works an injury. 2‘ Bovu.
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APPEAL from Pulaski chancery court. Hon. D. W. Carroll, Chancellor. It is false and absurd to say that an act is a nuisance-because it is a violation of law, or that the city has authority to declare that to be a nuisance which otherwise and by general laws is not a suisance, because it is prohibited by law. Nothing can be a nuisance unless it works an injury. 2‘ Bovu. Law Dictionary, 245; 4 Waite’s Actions and' Defenses, 726. But no injury or damage or inconvenience to any one is here alleged to make it either a public or private nuisance, except that the convicts, being in the streets,…
1Opinion of the CourtSmith, J.
The city filed this bill to enjoin the lessee of •the penitentiary from working the convicts upon its streets. It was alleged that such employment of them was in violation of law and also in violation of an ordinance of the plaintiff, declaring the same to be a public nuisance ; and that it was calculated to produce riots, to endanger the lives ■of the inhabitants and to disturb the peace and good order of the city. The chancellor overruled a demurrer to the bill, and the defendant lefusing to answer, a perpetual •injunction was awarded.
p IC q Meaning Sec, 4,438 of Gantt’s Digest provides…
2Cases cited2 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
3Cited by7 opinions
- Rogers Group, Inc. v. City of Fayetteville, Ark.Court of Appeals for the Eighth Circuit · 2010
- City of Piggott v. EblenSupreme Court of Arkansas · 1963
- Inhabitants of Houlton v. TitcombSupreme Judicial Court of Maine · 1906
- Gaines v. WatersSupreme Court of Arkansas · 1898
- McLean v. Fort SmithSupreme Court of Arkansas · 1932
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