Legal Opinion

Grey v. Ohio & Pennsylvania R. R.

Supreme Court of Pennsylvania

Decided May 5, 1856PublishedCited by 12 opinions

In Equity. — Bill for an injunction against respondents to prevent their using their railroad across the common , in Allegheny city.

1Opinion of the Court

The facts are sufficiently stated in the opinion of the Court delivered

by Lewis, J.

— Where damages will compensate either the benefit derived or the loss suffered from a nuisance, equity will not interfere. An action for damages is a matter of light; but an injunction is of grace. 7 Barr, 366. Where the thing sought to be prohibited is a nuisance per se, and the mischief may be irreparable, the court will, in general, interfere, without awaiting the result of an action at law; but where it is not a nuisance in itself, but may, according to circumstances, prove so, the court *413will not interfere…

2Cited by12 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Lux v. HagginCalifornia Supreme Court · 1886
  3. Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
  4. Richards's AppealSupreme Court of Pennsylvania · 1868
  5. Kuhnen v. ParkerNew Jersey Court of Chancery · 1897

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