City of Huron v. Bank of Volga
South Dakota Supreme Court
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
- City of Denver v. MullenSupreme Court of Colorado · 1884
- City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
- Village of Pine City v. MunchSupreme Court of Minnesota · 1890
- Schwartz v. Thirty-two FlatboatsSupreme Court of Louisiana · 1859
3Cited by5 opinions
- City of Aberdeen v. WellmanSouth Dakota Supreme Court · 1984
- Town of Britton v. GuySouth Dakota Supreme Court · 1904
- Billings Hotel Co. v. City of EnidSupreme Court of Oklahoma · 1916
- Incorporated Town of Polk City v. GemricherSupreme Court of Iowa · 1919
- City of Aberdeen v. WellmanSouth Dakota Supreme Court · 1984