English v. Progress Electric Light & Motor Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. Thqs. W. ColemaN. Tbe bill in this case was filed on the 22d February, 1888, by Mrs. Martha E. English and others, owners of certain real estate in the city of Mobile, against the Progress Electric Light & Motor Company, a private corporation engaged in the business of manufacturing and furnishing electric lights for the streets, public buildings, private residences, &c., in the city of Mobile; and sought an…
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Appeal from tbe Chancery Court of Mobile. Heard before the Hon. Thqs. W. ColemaN. Tbe bill in this case was filed on the 22d February, 1888, by Mrs. Martha E. English and others, owners of certain real estate in the city of Mobile, against the Progress Electric Light & Motor Company, a private corporation engaged in the business of manufacturing and furnishing electric lights for the streets, public buildings, private residences, &c., in the city of Mobile; and sought an injunction to abate the defendant’s works as a nuisance, causing the complainants’ great inconvenience, discomfort and…
1Opinion of the CourtClopton, J.
Appellants invoke tbe interference of tbe Chancery Court to abate by injunction, as a nuisance, tbe electric plant maintained and operated by appellee in tbe city of Mobile. Tbe remedy sought is preventive, and incidentally compensatory. An injunction for such purpose is not a matter of absolute right; but, if, as has been said, it rests in judicial discretion, tbe exercise of such discretion is not without' limitations, and is to be guided by tbe settled principles on which tbe interference by tbe court in such cases depends. In considering whether or not an injunction should be granted,…
2Cases cited7 opinions
- Gilbert v. ShowermanMichigan Supreme Court · 1871
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Voltz v. VoltzSupreme Court of Alabama · 1883
- Green v. LakeMississippi Supreme Court · 1877
- Rosser v. RandolphSupreme Court of Alabama · 1838
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3Cited by22 opinions
- Coleman v. EstesSupreme Court of Alabama · 1967
- Baldwin v. McClendonSupreme Court of Alabama · 1974
- White v. Luquire Funeral HomeSupreme Court of Alabama · 1930
- Hundley v. HarrisonSupreme Court of Alabama · 1898
- Higgins v. BlochSupreme Court of Alabama · 1925
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