Taylor v. Rudy
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court, Western District; George T. Humphries, Chancellor; Injunction against a party creating or maintaining a nuisance is not a matter of absolute right, b-ut lies within the sound discretion of the court, having due regard for not only the strict nights of the plaintiff and defendant but also the surrounding circumstances. Wood on Nuisance (3 ed.) 1182; 20 Am.
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Appeal from Lawrence Chancery Court, Western District; George T. Humphries, Chancellor; Injunction against a party creating or maintaining a nuisance is not a matter of absolute right, b-ut lies within the sound discretion of the court, having due regard for not only the strict nights of the plaintiff and defendant but also the surrounding circumstances. Wood on Nuisance (3 ed.) 1182; 20 Am. St. Rep. 124; 29 Id. 132. Wrongs already committed cannot be corrected by injunction. 42 Kan. 368. See also 8 Am. & Eng. Erne, of L- 700; Id. 722. In this case a court of equity was without jurisdiction.…
1Opinion of the CourtHart, J.
This suit was instituted in the chancery court by D. B. Rudy against A. D. Taylor to restrain the defendant from obstructing a stream of water which ran through the plaintiff’s land.'
A nonnavigable stream, called Machine Creek, runs through the village -of Smithville in Rarwrence County, Arkansas. Smithvil'le is unincorporated, and has about 200 inhabitants. D. B. »Rudy claims to own certain lots on the bank of said -creek in said town, and erected thereon a sawmill and gin. A. D. Taylor owned the lots adjacent to and just below the mill site on. the creek. He constructed two dams across the…
2Cases cited3 opinions
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
- Payne v. McBrideSupreme Court of Arkansas · 1910
- Wellborn v. DaviesSupreme Court of Arkansas · 1882
3Cited by18 opinions
- Harris v. BrooksSupreme Court of Arkansas · 1955
- Muhammed v. Arkansas Supreme Court Committee on Professional ConductSupreme Court of Arkansas · 1987
- Morrow v. MerrickSupreme Court of Arkansas · 1923
- Stroud v. SnowSupreme Court of Arkansas · 1932
- Thomas v. LaCottsSupreme Court of Arkansas · 1953
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