Barton v. Union Cattle Co.
Nebraska Supreme Court
Appeal from the district court for Sarpy couuty. Heard below before Doane, J. An injunction in a case of this kind will not be refused because the damage is slight, or because it entails expense and inconvenience to the aggressors.
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Appeal from the district court for Sarpy couuty. Heard below before Doane, J. An injunction in a case of this kind will not be refused because the damage is slight, or because it entails expense and inconvenience to the aggressors. (Stockport Water Works v. Potter, 7 H. &N. [Eng.], 100; Clowes v. Stafford-shire Potteries Co., L. R. 8 Ch. App., 125; Goodson v. Richardson, 9 Id., 224; Wilts v. Swindon Water Works Co., 9 Ch. App., 451.) The pollution of streams cannot be adequately compensated for by damages. (Tuolumne Water Co. v. Chapman, 8 Cal., 392; Holsman v. Boiling Springs Bleaching Co.,…
1Opinion of the CourtCobb, J.
This cause was appealed from the judgment of the district court of the county of Sarpy, which dissolved the injunction against the defendant and dismissed the action of the plaintiffs.
The suit was brought to restrain the defendant from polluting the waters and injuring the flow of the current of Papillion creek, by discharging into it the manure and offal from the extensive cattle-feeding barns maintained by the defendant, in such manner and degree as to injure the stream for husbandry, and destroy it for watering live stock on the adjacent premises of the plaintiffs.
The facts appear, that in…
2Cases cited2 opinions
- Mayor of Baltimore v. Warren Manufacturing Co.Court of Appeals of Maryland · 1882
- West River Bank v. GaleSupreme Court of Vermont · 1869
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- Wheatley v. City of FairfieldSupreme Court of Iowa · 1932
- Braasch v. Cemetery Ass'n of the Evangelical Lutheran Christ SocietyNebraska Supreme Court · 1903
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