Wier's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Allegheny county : In Equity: No. 159, to October and November Term 1872. This was a bill filed June 30th 1871, by James Gr. Wier and twelve others against Arthur Kirk, for an injunction to restrain him from erecting and maintaining a powder magazine in Indiana township, near dwellings of the complainants, in the neighborhood of the borough of Sharpsburg.
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Appeal from the Court of Common Pleas of Allegheny county : In Equity: No. 159, to October and November Term 1872. This was a bill filed June 30th 1871, by James Gr. Wier and twelve others against Arthur Kirk, for an injunction to restrain him from erecting and maintaining a powder magazine in Indiana township, near dwellings of the complainants, in the neighborhood of the borough of Sharpsburg. The bill set out:— 1. The plaintiffs were residents and property-holders as above stated. 2. The defendant, Arthur Kirk, is owner of a piece of ground, of about nine acres, situate in said township,…
1Opinion of the Court
The opinion of the court was delivered, October 20th 1873, by
Sharswoob, J.—
The great difficulty in all cases of this character is not in the ascertainment of the true rule of equity, but in the application of that rule to the facts. While it may be easy to draw the line between what is and what-is not a nuisance, which equity ought to enjoin, it is by no means so easy to determine' whether the circumstances of any particular case ought to place it on one side or the other of that line. It is rare that any number of men will he found to agree in their judgment upon such a question. One remark,…
2Cited by18 opinions
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- Stone v. . Texas Co.Supreme Court of North Carolina · 1920
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