Attorney-General Ex Rel. Sundry Citizens of Raleigh v. Hunter
Supreme Court of North Carolina
From Wake The bill charged that the Defendant bad erected a mill-dam in the vicinity of the city of Raleigh, that the exhalations from the pond, hadwendeml the inhabitants unhealthy, and prayed a perpetual injunction.
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From Wake The bill charged that the Defendant bad erected a mill-dam in the vicinity of the city of Raleigh, that the exhalations from the pond, hadwendeml the inhabitants unhealthy, and prayed a perpetual injunction. The Defendant by his answer, denied that his inilf-pond had any pernicious influence upon the health of the town, and averred that he had been indicted in Wake County Court for a nuisance in erecting the dam, and that the Jury, upon an attempt to try the indictment, had disagreed, and had refused to find a verdict for the State. That subsequently a nolle prosequi had been…
1Opinion of the Court
The opinion of the Court, was delivered by
Henderson, Judge:
We are satisfied beyond a reasonable doubt, that the flowing hack of the water as contemplated by the Defendant, according to bis own admissions, will create a public nuisance, and that of the worst kind, being one destructive to the health and comfort of the citizens of Raleigh. And we arc called on to send the question of nuisance or no nuisance, to a Court of Law ; for what to inform our consciences ? they are already informed. And were a Jury to find that it was not a nuisance, irs a case of this kind, we should feel ourselves…
2Cited by11 opinions
- Ex Parte RoperCourt of Criminal Appeals of Texas · 1910
- Respass v. Comth. ex rel. Atty. Gen'lCourt of Appeals of Kentucky · 1909
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Vickers v. Durham.Supreme Court of North Carolina · 1903
- Elliott v. Tallassee Power Co.Supreme Court of North Carolina · 1925
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