Gus Blass Dry Goods Co. v. Reinman
Supreme Court of Arkansas
Appeal fromTPulaski Chancery Court; John E. Martineau, Chancellor; 1. A private corporation has the right to have a nuisance abated. Joyce on Nuisances, par. 442; 108 U. S. 317, 330. 2. Appellants can be joined as parties plaintiff. All are similarly injured at the same time and in the same way. Kirby’s Digest, § 6005. 3. A nuisance may be both public and private.
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Appeal fromTPulaski Chancery Court; John E. Martineau, Chancellor; 1. A private corporation has the right to have a nuisance abated. Joyce on Nuisances, par. 442; 108 U. S. 317, 330. 2. Appellants can be joined as parties plaintiff. All are similarly injured at the same time and in the same way. Kirby’s Digest, § 6005. 3. A nuisance may be both public and private. That which annoys the public generally or invades its rights, constitutes also a private nuisance where specific injury occurs. Joyce on Nuisances, par. 14; 32 L. R. A. (N. S.) 525; 1 Cal. 426; 40 Ark. 87. 4. It is not necessary to…
1Opinion of the CourtFrauenthal, J.
This is an action seeking to enjoin the defendants from maintaining a nuisance arising from the alleged wrongful management of a livery stable owned and conducted by them. The complaint contains substantially the following allegations: The plaintiffs are four domestic corporations occupying places of business upon Main Street, in the city of Little Rock; three of them are engaged in the retail dry goods business, and the other in the banking business. The defendants own and conduct a livery, sale and feed stable in a building which is located at the-rear of the business houses occupied by…
2Cases cited7 opinions
- Shiras v. OlingerSupreme Court of Iowa · 1879
- Durfey v. ThalheimerSupreme Court of Arkansas · 1908
- Cox v. SmithSupreme Court of Arkansas · 1910
- St. James' Church v. ArringtonSupreme Court of Alabama · 1860
- Northern Pacific Railroad v. WhalenSupreme Court of the United States · 1893
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3Cited by21 opinions
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- Snow v. Marian Realty Co.California Supreme Court · 1931
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