Canton Cotton Warehouse Co. v. Potts
Mississippi Supreme Court
Prom the chancery court of Madison county. Hon. H. C. Conn, Chancellor. The facts are stated in the opinion. Since if is claimed that the nuisance is permanent, the damages are capable of definite ascertainment, and the remedy at law is complete. 2 Black on Judgments, 743, 744. The bill does not show that complainant suffers any injury different in kind from that sustained by the public. The difference is only in degree. Green v. Lake, 54 Miss., 540; 19 N. J. Eq., 278; 6 Am.
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Prom the chancery court of Madison county. Hon. H. C. Conn, Chancellor. The facts are stated in the opinion. Since if is claimed that the nuisance is permanent, the damages are capable of definite ascertainment, and the remedy at law is complete. 2 Black on Judgments, 743, 744. The bill does not show that complainant suffers any injury different in kind from that sustained by the public. The difference is only in degree. Green v. Lake, 54 Miss., 540; 19 N. J. Eq., 278; 6 Am. Rep., 332; 34 Md., 265; 4 N. H., 520;' 12 Conn., 128; 13 Barb., 209; 7 Mete., 276; 1 Am. L. Reg., 60; 13 Lb., 60; 8…
1Opinion of the CourtCooper, J.
The appellee is the owner of a lot in the town of Canton, *33situated in a square bounded on the east by the Illinois Central Railway, on the south by Peace street, and on the north by Franklin street. Her lot extends through the square from Peace to Franklin street. Her residence fronts on Peace street, and in it she conducted the business of keeping boarders, who were servants of the adjacent railway, and resorted to her house because of its nearness to their place of business. On that part of the lot fronting on Franklin street she has a cottage, the furnished rooms of which she rented to her…
2Cases cited4 opinions
- Corning v. LowerreNew York Court of Chancery · 1822
- Frink v. LawrenceSupreme Court of Connecticut · 1849
- Learned v. HuntMississippi Supreme Court · 1885
- Conrad v. SmithMichigan Supreme Court · 1875
3Cited by2 opinions
- Stigall v. Sharkey CountyMississippi Supreme Court · 1945
- Potts v. Canton Cotton Warehouse Co.Mississippi Supreme Court · 1892