Legal Opinion

City of Huron v. Bank of Volga

South Dakota Supreme Court

Decided April 9, 1896PublishedCited by 5 opinions

Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to abate a public nuisance. Plaintiff had judgment and defendant appeals. The facts are stated-in the opinion.

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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to abate a public nuisance. Plaintiff had judgment and defendant appeals. The facts are stated-in the opinion. “Though the jurisdiction of equity in restraining a public nuisance is well established, it will not be exercised where the-object sought can be as well attained in the ordinary tribunals, unless upon the application of one who suffers a personal injury aside from the injury to the public.” 1 High on Injunc. 761. See also City of Ottumwa v. Chinn, 39 N. W. 670. ‘ ‘Civil actions also will lie to prevent or…

1Opinion of the CourtFuller, J.

The complaint in this action by a municipal corporation against a private corporation to abate a public nuisance alleges, and the specific findings of fact by the court conclusively show, that the Wright House, a large, three-story, wooden structure, owned by the defendant, and situated conspicuously upon a business street in the most densely populated portion of the city of Huron, was badly damaged and partially destroyed by a fire which occurred during the month of March, 1891, and that by reason thereof conditions arose and still exist in and about said structure which endanger the…

2Cases cited4 opinions

  1. City of Denver v. MullenSupreme Court of Colorado · 1884
  2. City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
  3. Village of Pine City v. MunchSupreme Court of Minnesota · 1890
  4. Schwartz v. Thirty-two FlatboatsSupreme Court of Louisiana · 1859

3Cited by5 opinions

  1. City of Aberdeen v. WellmanSouth Dakota Supreme Court · 1984
  2. Town of Britton v. GuySouth Dakota Supreme Court · 1904
  3. Billings Hotel Co. v. City of EnidSupreme Court of Oklahoma · 1916
  4. Incorporated Town of Polk City v. GemricherSupreme Court of Iowa · 1919
  5. City of Aberdeen v. WellmanSouth Dakota Supreme Court · 1984

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