Meiners v. Frederick Miller Brewing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action in equity for the abatement of an alleged nuisance. The complaint charges that the defendant owns and maintains a brewery on lands contiguous to the lands and residence of plaintiff, and so operates such brewery as to foul the water in certain streams running along and through plaintiff’s premises, and cause the entire neighborhood, and a certain highway therein, and the atmosphere over and around the same, to be…
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APPEAL from the Circuit Court for Milwaukee County. Action in equity for the abatement of an alleged nuisance. The complaint charges that the defendant owns and maintains a brewery on lands contiguous to the lands and residence of plaintiff, and so operates such brewery as to foul the water in certain streams running along and through plaintiff’s premises, and cause the entire neighborhood, and a certain highway therein, and the atmosphere over and around the same, to be tainted and polluted with noxious gases and smells which annoy and disturb the comfort and endanger the health of all…
1Opinion of the CourtLtox, J.
This is essentially an action in equity to procure the abatement of a public or common nuisance, for there can be no doubt the effect of the defendant’s acts and omissions charged in the complaint is to create and continue a public, as distinguished from a mere private, nuisance. ' The averments of special and peculiar injury and damage to the plaintiff caused thereby are only necessary to show his right to bring a private action to abate the nuisance. Without them, the complaint would be demur-rable. If no person suffers such special injury and damage because of the existence of a public…
2Cited by9 opinions
- Hazen v. PerkinsSupreme Court of Vermont · 1918
- Clarke v. BoysenCourt of Appeals for the Tenth Circuit · 1930
- City of Corsicana v. KingCourt of Appeals of Texas · 1928
- Anger v. Al. G. Barnes Amusement Co.Wisconsin Supreme Court · 1924
- Smejkal v. Empire Lite-Rock, Inc.Oregon Supreme Court · 1976
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