Legal Opinion

Kobielski v. Belle Isle East Side Creamery Co.

Michigan Supreme Court

Decided April 27, 1923No. Docket No. 9PublishedCited by 17 opinions

Appeal from Wayne; Mandell (Henry A.), J. Bill by Stanley Kobielski and another against the Belle Isle East Side Creamery Company to abate a nuisance. From a decree dismissing the bill, plaintiffs appeal.

1Opinion of the CourtBird, J.

Plaintiffs filed their bill in the Wayne circuit court to abate a nuisance alleged to have been created by the defendant in the vicinity of their dwelling. Relief was denied and the bill dismissed. Plaintiffs appeal. Plaintiffs were the owners of a two-family flat known as 1030 Forrest avenue, east, in the city of Detroit. They occupied one of the flats and rented the other one. To the west of plaintiffs’ lot is a public alley 25 feet in width and west of the public alley are the lots occupied by defendant as a creamery plant. When plaintiffs purchased their property there there was one…

2Cases cited11 opinions

  1. Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
  2. Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
  3. Gilbough v. West Side Amusement Co.New Jersey Court of Chancery · 1902
  4. Powell v. Bentley & Gerwig Furniture Co.West Virginia Supreme Court · 1891
  5. Froelicher v. Oswald Ironworks, LtdSupreme Court of Louisiana · 1903

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3Cited by17 opinions

  1. Muehlman v. KeilmanIndiana Supreme Court · 1971
  2. Warren Company v. DicksonSupreme Court of Georgia · 1938
  3. Martin v. WilliamsWest Virginia Supreme Court · 1956
  4. Arcelay v. Sánchez MartínezSupreme Court of Puerto Rico · 1955
  5. Smith v. Western Wayne County Conservation Ass'nMichigan Supreme Court · 1968

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