McMorran v. Fitzgerald
Michigan Supreme Court
Appeal from St. Clair,; Eldredge, J., presiding. Bill by Henry McMorran and John E. Botsford against James H. Fitzgerald and others to abate a nuisance. From a decree for complainants, defendants appeal.
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Appeal from St. Clair,; Eldredge, J., presiding. Bill by Henry McMorran and John E. Botsford against James H. Fitzgerald and others to abate a nuisance. From a decree for complainants, defendants appeal. Upon the facts of the case, a perpetual injunction was properly granted. 1 High, Inj. § 772 et seq.; Norris v. Hill, 1 Mich. 202; Robinson v. Baugh, 31 Mich. 290; Edwards v. Mining Co., 38 Mich. 46; Burke v. Smith, 69 Mich. 380; Flaherty v. Moran, 81 Mich. 52; People v. White Lead Works, 82 Mich. 471; Ross v. Butler, 19 N. J. Eq. 294; Cleveland v. Gas Light Co., 20 N. J. Eq. 201; Duncan v.…
1Opinion of the CourtHooker, J.
The defendants are the owners of a machine and blacksmith shop,, devoted to boat repairing, situate upon the St. Clair river at Port Huron, in a neighborhood otherwise devoted to residences. The buildings in the immediate vicinity are among the finest and most costly in the city, and are correspondingly furnished. The circuit judge found that the locality was especially adapted to the purpose of residences of this Character, and had been exclusively so used for many years prior to the erection of the defendants’ shop, and that this fact was plainly apparent to the casual observer at the time…
2Cited by12 opinions
- Adkins v. Thomas Solvent Co.Michigan Supreme Court · 1992
- Lansing v. PerryMichigan Supreme Court · 1921
- Barth v. Christian Psychopathic Hospital Ass'nMichigan Supreme Court · 1917
- Harris v. Randolph Lumber Co.Supreme Court of Alabama · 1912
- Detroit Realty Co. v. BarnettMichigan Supreme Court · 1909
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