The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 40

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...vast mass of testimony was taken, which although somewhat conflicting as to the point whether any solid matter was thrown from the appellee's premises into the stream, yet establishes the offensive condition of the water of the run, and in the mill dam and race, quite as fully as the bill charges, and shows the condition of the air at the mill to be at times so ofiensive as to be practically unbearablc, although at the same time showing other causes, besides the slaughter-house of the appellee, for the existence of the nuisance, there being a large number of slaughter-houses on the falls and run, besides breweries, soap and other factories, and the cattle scales, with the occasional addition of dead animals, and ofial, and other offensive matter from various other sources. So that throwing out of consideration the fact of solid animal matter coming from the appellee's slaughter-house, which is shown to have been only an occasional occurrence, if it has existed at all, as it probably has in a measure, judging from all the evidence, we are left to the blood which is proved to have flowed regularly from the slaughter-house of the appellee, though in comparatively moderate quantities, as the principal contribution by the appellee, in common with a large number of others, to the serious injury and grievance from which the appellant is manifestly so great a sufierer. So that the question to be decided is, can a court of equity intervene to stop the appellee from committing the acts which constitute sueh an inconsiderable part of the wrong complained of, Woodyear v. Schaefer. and which if stopped, would leave the appellant still sufiering from almost as great a grievance as he is now subject to? As to the right of the appellant to...show more

Product details

  • Paperback | 362 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • Illustrations, black and white
  • 1236738411
  • 9781236738417