Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 27

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 27

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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. 1918 edition. Excerpt: ...the court says. As the testimony discloses that the plaintiff has tried this remedy and that her costs have been much more than damages she has recovered, we are constrained to the opinion that in a case like this----and we desire our opinion to be confined to the facts of this particular case--she has a. right to file her bill in equity to restrain the defendant from allowing his stock to trespass further upon her. Barnes v. Ha-gar, 148 N. Y. Supp. 395. The third paragraph of the syllabus of that case is as follows: "Where an owner of cattle permits them to run at large, so that they repeatedly break in and wander over the land of another, and disfigure and destroy the improvements thereon, and the trespass is continuous or constantly recurring, an injunction lies to restrain the wrong, on the ground that the remedy at law is inadequate, and to prevent a. multiplicity of actions for trespass." The court cite as authority for this: 22 Cyc. 836; Henderson v. Railway, 78 N. Y. 423, 434. Blevins v. Mullally, 22 Cal. App. 519 135 Pac. Rep. 307. The syllabus of the case is as follows: "6. Plaintifis, who were engaged in raising sheep on a large scale, owned and used, for that purpose, a large area of unenclosed land. Large numbers of cattle belonging to an adjoining landowner repeatedly and almost daily entered upon such land and consumed the herbage, thus depriving the sheep of the necessary sustenance. Held, that since the herbage destroyed could not be replaced so as to accomplish the immediate purposes for which it was being used--the feeding of sheep---tho Hayes v. Hayes. injury was irreparable, and a court of equity would grant injunctive relief." "7. Since the trespasses were repeated and continuing, in...
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Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236834836
  • 9781236834836